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Measurement Framework for Equality and Human Rights

Equality and Human Rights CommissionPublished: October 2017

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http://www.equalityhumanrights.com/

© 2017 Equality and Human Rights CommissionFirst published October 2017 ISBN 978-1-84206-715-4

Please contact the Research Team for further information about the Measurement Framework, or visit our website.

Post: Research Team Equality and Human Rights Commission Arndale HouseThe Arndale CentreManchester M4 3AQ

Email: [email protected]: 0161 829 8500Website: www.equalityhumanrights.com

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Acknowledgements

This publication would not have been possible without the expertise and contribution of many different people.

We would like to express our sincere gratitude to the Commissioner Working Group (June Milligan, Lesley Sawers, Lorna McGregor, Sarah Veale, and Swaran Singh) for their continuous support and guidance throughout this process.

The development of the single Measurement Framework was led by Verena Brähler, Liz Speed and Gwen Oliver, with contributions from many colleagues across the Commission.

We are indebted to the following people and organisations who have supported us:

The Centre for Analysis of Social Exclusion (CASE), London School of Economics and Political Science: Polly Vizard, Tania Burchardt, Husnain Nasim – for their work on the theoretical framework

Community Innovations Enterprise LLP: Jon Bashford, Sherife Hasan – for helping us develop some of the indicators in the ‘Justice and personal security’ domain

CordisBright Consulting: Jane Harris, Lucy Asquith, Hannah Spencer – for helping us develop the ‘Social care’ indicator

Equality and Diversity Forum: Ebony Riddell Bamber, Tracey Agyeman – for hosting a roundtable discussion on intersectionality

Institute for Employment Studies: Andrea Broughton, Rachel Marangozov, and Chiara Manzoni – for their work on vulnerability and people who are at higher risk of harm, abuse, discrimination or disadvantage.

We are very grateful to all those who contributed to the development of the framework through a range of consultation events and discussions. A full list of people and organisations who sent a written response to the consultation can be found in the appendix.


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Contents

Acknowledgements..................................................................................................3

Contents.....................................................................................................................4

Tables and figures....................................................................................................7

Abbreviations............................................................................................................8

1 | Introduction........................................................................................................10

1.1 Our mandate................................................................................................10

1.2 Our ambition................................................................................................11

1.3 Who can use the framework........................................................................13

1.4 Outline of the report.....................................................................................14

2 | Developing the framework................................................................................15

2.1 Equality and human rights monitoring..........................................................15

2.2 Developing a measurement framework.......................................................16

2.3 Developing domains....................................................................................20

2.4 Developing indicators...................................................................................24

2.5 Structure, process and outcome evidence...................................................26

2.6 Geographical remit.......................................................................................30

3 | Theoretical framework.......................................................................................32

3.1 Equality and inequality.................................................................................32

3.2 Capability.....................................................................................................34

3.3 Human rights................................................................................................36

3.4 Human development....................................................................................39

3.5 Legal theories..............................................................................................39

3.6 Critiques of the indicator-based approach...................................................40

3.7 Vulnerability.................................................................................................41

3.8 Intersectionality............................................................................................48Equality and Human Rights CommissionPublished: October 2017

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4 | Evidence collection and analysis.....................................................................51

4.1 Five components of evidence collection and analysis..................................51

Protected characteristics....................................................................................52

Socio-economic group.......................................................................................54

Geographical analysis........................................................................................55

People at higher risk of harm, abuse, discrimination or disadvantage...............55

Intersectional analysis........................................................................................57

4.2 Qualitative and quantitative data..................................................................58

5 | Domains and indicators....................................................................................62

5.1 Education.....................................................................................................64

Educational attainment of children and young people (CORE INDICATOR).....66

School exclusions, bullying and NEET (CORE INDICATOR)............................69

Higher education and lifelong learning (CORE INDICATOR)............................72

5.2 Work................................................................................................................75

Employment (CORE INDICATOR).....................................................................77

Earnings (CORE INDICATOR)..........................................................................81

Occupational segregation (CORE INDICATOR)................................................84

Forced labour and trafficking (SUPPLEMENTARY INDICATOR)......................87

5.3 Living standards..............................................................................................89

Poverty (CORE INDICATOR)............................................................................91

Housing (CORE INDICATOR)...........................................................................94

Social care (CORE INDICATOR).......................................................................97

5.4 Health.........................................................................................................101

Health outcomes (CORE INDICATOR)............................................................103

Access to healthcare (CORE INDICATOR).....................................................107

Mental health (CORE INDICATOR).................................................................110

Reproductive and sexual health (SUPPLEMENTARY INDICATOR)...............114

Palliative and end of life care (SUPPLEMENTARY INDICATOR)...................117

5.5 Justice and personal security.....................................................................120

Conditions of detention (CORE INDICATOR)..................................................122

Hate crime, homicides, sexual and domestic abuse (CORE INDICATOR)......127Equality and Human Rights CommissionPublished: October 2017

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Criminal and civil justice (CORE INDICATOR)................................................132

Restorative justice (SUPPLEMENTARY INDICATOR)....................................136

Rehabilitation, resettlement and reintegration (SUPPLEMENTARY INDICATOR).........................................................................................................................139

5.6 Participation...............................................................................................143

Political and civic participation and representation (CORE INDICATOR)........145

Access to services (CORE INDICATOR).........................................................148

Privacy and surveillance (CORE INDICATOR)................................................151

Social and community cohesion (SUPPLEMENTARY INDICATOR)...............153

Family life (SUPPLEMENTARY INDICATOR).................................................156

6 | Other frameworks............................................................................................159

6.1 Human rights standards.............................................................................159

6.2 Scottish Government’s National Performance Framework........................169

6.3 National indicators for Wales.....................................................................176

6.4 ONS measures of national well-being........................................................181

6.5 Sustainable Development Goals................................................................186

Bibliography..........................................................................................................193


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Tables and figures

Tables

Table 2.1: Measurement Framework at a glanceTable 4.1: People at higher risk of harm, abuse, discrimination or disadvantage

Table 4.2: Qualitative and quantitative sources used for structure, process and outcome analysis

Table 5.1: Education Table 5.2: Work

Table 5.3: Living standardsTable 5.4: Health

Table 5.5: Justice and personal securityTable 5.6: Participation

Table 6.1: Relevance of human right standards for our Measurement FrameworkTable 6.2: Overlap between our Measurement Framework and Scottish

Government’s National Performance FrameworkTable 6.3: Overlap between our Measurement Framework and the national

indicators for WalesTable 6.4: Overlap between our Measurement Framework and the ONS

measures of national well-beingTable 6.5: Overlap between our Measurement Framework and Sustainable

Development Goals

Figures

Figure 1.1: Model for change – how the framework supports our strategy Figure 2.1: Using structure, process and outcome evidence to monitor progress

Figure 4.1: Five components of evidence collection and analysis


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Abbreviations

CEDAW Convention on the Elimination of all Forms of Discrimination Against Women

CERD Convention on the Elimination of All Forms of Racial Discrimination

CMF Children’s Measurement Framework

CPS Crown Prosecution Service

CQC Care Quality Commission (England)

CRC Convention on the Rights of the Child

CRPD Convention on the Rights of Persons with Disabilities

DBEIS Department for Business, Energy and Industrial Strategy

DCLG Department for Communities and Local Government

DfE Department for Education

DoH Department of Health

DWP Department for Work and Pensions

ECHR European Convention on Human Rights

EHRC Equality and Human Rights Commission

EMF Equality Measurement Framework

ENNHRI European Network of National Human Rights Institutions

Equinet European Network of Equality Bodies

ECU Equality Challenge Unit

ESFA Education and Skills Funding Agency

EYFS Early Years Foundation Stage

FGM Female genital mutilation

FRA Fundamental Rights Agency

GRMF Good Relations Measurement Framework

Hefce Higher Education Funding Council for England

HEFCW Higher Education Funding Council for Wales


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HESA Higher Education Statistics Agency

HMIP Her Majesty’s Inspectorate of Prisons

HRA Human Rights Act 1998

HRMF Human Rights Measurement Framework

ICESCR International Covenant on Economic, Social and Cultural Rights

IAPT Improving Access to Psychological Therapies

IPPR Institute for Public Policy Research

ISD Scotland Information Services Division (part of NHS Scotland)

JRF Joseph Rowntree Foundation

LGBT Lesbian, gay, bisexual and/or transgender

MBRRACE Mothers and Babies: Reducing Risk through Audits and Confidential Enquiries

NEET not in education, employment or training

NFRE National Foundation for Educational Research

NGO non-governmental organisation

NICE National Institute of Health and Care Excellence

NS-SEC National Statistician’s Socio-Economic Classification

OECD Organisation for Economic Co-operation and Development

Ofsted Office for Standards in Education, Children’s Services and Skills

OHCHR United Nations Commissioner for Human Rights

ONS Office for National Statistics

PESA Public Expenditure Statistical Analyses

SACRO Safeguarding Communities – Reducing Offending

ScotPHN Scottish Public Health Network

SFA See ESFA

SMC Social Mobility Commission

TUC Trades Union Congress

UNICEF UN Children’s Fund

VAWG Violence against women and girls


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Measurement Framework for Equality and Human Rights Introduction

1 |Introduction

1.1 Our mandate

We live in a country with a long history of upholding people’s rights, valuing diversity and challenging intolerance. Britain has taken great strides towards ensuring that there is equality of opportunity and freedom from discrimination, and that fundamental rights are respected, protected and fulfilled. But as we know, society is rapidly evolving, in ways that affect different people differently.

Fairness is important to people in Britain. We strive to be a society in which everyone can achieve their potential and where people treat each other with dignity and respect. Britain is fortunate to have a strong equality and human rights legal framework to protect people from discrimination and from violations of their basic rights and freedoms.

However, the experiences of many people across England, Scotland and Wales often do not reflect what is set out in domestic law and international equality and human rights standards. It is our role to make these rights and freedoms a reality for everyone.

We have a statutory duty under section 12 of the Equality Act 2006 to monitor social outcomes from an equality and human rights perspective, by developing indicators and reporting on progress. Over the last decade, we have developed a series of measurement frameworks which enable us to monitor and evaluate progress towards protecting and promoting equality and human rights in a systematic way across England, Scotland and Wales. We have now reviewed our previous frameworks and built a single Measurement Framework to support our reporting to Parliament every three years.

We also use the framework, and specifically the domains and sections on the ‘future we want’ (see Chapter 5), to inform and structure our strategy work, as well as to monitor the UK’s compliance with the seven United Nations human rights treaties it has signed and ratified.


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1.2 Our ambition

It is our ambition to be a global leader in equality and human rights monitoring. For the past ten years, we have invested significant time and resources to achieve this. We have consulted with national and international experts, built expertise across different professions (including legal, policy and research expertise), and tried pushing the boundaries of what is possible in relation to data disaggregation and statistical analysis of survey and administrative data.

We believe the new single Measurement Framework we have developed is examplary because:

1. It has strong theoretical foundations (equality, inequality, capability, human rights, vulnerability and intersectionality) that are applied to equality and human rights monitoring in a practical way.

2. It translates the central and valuable freedoms and opportunities, or critical things in life that people can actually do or be (capabilities) into outcomes1 for the future of Britain.

3. It has precise indicators2 and topics to monitor whether we are making progress inachieving the future we want.

4. In order to assess whether there has been progress, regression or stalling in relation to these indicators and topics, it provides detailed guidance on what structure, process and outcome evidence to look at.

5. It is exemplary in relation to data disaggregation and equalities analysis. 6. It champions a new approach to vulnerability and people who are at higher

risk of harm, abuse, discrimination or disadvantage because they face adverse external conditions and/or have difficulty in coping due to individual circumstances.

7. It uses intersectionality as a practical, analytical tool to show the distinct forms of harm, abuse, discrimination and disadvantage experienced by people when multiple categories of social identity interact with each other.

8. It brings consistency to our equality and human rights monitoring, by replacing the different frameworks that had previously existed with a single framework that can be applied across England, Scotland and Wales.

1 Section 12(1)(b) of the Equality Act 2006 defines ‘outcomes’ as ‘results at which to aim for the purpose of encouraging and supporting changes in society that are consistent with those duties’. Please see Chapter 5 for a list of outcomes for each domain.2 Section 12(1)(c) of the Equality Act 2006 defines ‘indicators’ as ‘factors by reference to which progress towards those results may be measured’. Please see Chapter 5 for a list of indicators for each domain that we use to measure progress.Equality and Human Rights CommissionPublished: October 2017

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9. It is compatible with major policy and statistics frameworks across the UK and globally.

10.It can be used to drive social change and, ultimately, achieve progress towards equality and human rights (Figure 1.1 illustrates the way in which we view the Measurement Framework as driving social change in terms of progress towards equality and human rights).

Figure 1.1: Model for change – how the framework supports our strategy


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Develop/update measurement framework for equality and human rightsIdentify key equality and human rights concerns through consultationDevelop domains, indicators and topicsIdentify structure, process and outcome evidence

Use framework to inform Is Britain Fairer? reviews to ParliamentCollect and analyse evidence on equality and human rights in Britain in systematic and structured wayEvaluate change over time for specific groupsReport to Parliament every three years

Use Is Britain Fairer? evidence base to influence public bodies and others to improve equality and human rights outcomes, and to shape our own Strategic PlanPromote knowledge and understanding of equality and human rights concerns Involve public bodies and encourage ownership to address inequalities and concerns Promote development of data infrastructure Improve accessibility to equality and human rights data and evidence base

Achieve progress towards equality and human rightsIncreased public, political and media awareness of equality and human rights concerns Implementation of legal, policy, institutional measures to address inequalities and concernsData providers address data gaps Establish national data benchmarks to evaluate and monitor equality and human rights progress



The result is a framework which we hope will change the way people think about equality and human rights monitoring. For us, equality and human rights monitoring is more than fulfilling our statutory obligation to monitor progress. It is a powerful tool that shapes policy and political agendas and drives social change.

1.3 Who can use the framework

The Measurement Framework can be used by a wide variety of bodies and organisations.

We will use the Measurement Framework for our statutory reports to Parliament. We expect that the framework will inform the ‘Is Britain Fairer?’ reviews in 2018, 2021 and 2024, although the indicators, topics, statistical measures and structure, process and outcome evidence will need to be regularly updated to make use of the best available evidence and advances in analysis. We also use the Measurement Framework, specifically the domains and sections on the ‘future we want’ (see Chapter 5), to inform and structure our strategy work, as well as to monitor the UK’s compliance with the seven United Nations human rights treaties it has signed and ratified.

Parliamentary committees, government departments and statutory bodies in Britain can use the framework as an agenda-setting tool, as it gives an indication of the issues that may be at the forefront of the national debate on equality, human rights and social justice in the foreseeable future. Social researchers, economists and statisticians in these bodies can also use the framework to inform their own collection of data.

Third-sector organisations, NGOs, charities and campaigning groups can use the framework as an agenda-setting tool.

City mayors, local authorities and their partners can apply and adapt the framework to their local contexts, and use it to monitor how rights are respected, protected and fulfilled on the local level, compared to the national level, and to fill data gaps.

Opinion formers and media can use the framework to inform public debate and discussion and to provide an equality and human rights context to wider social, economic, political and legislative issues.

Other National Human Rights Institutions and National Equality Bodies can use or adapt the framework to inform their own monitoring activities.

We hope that international umbrella organisations, such as the United Nations Office for the High Commissioner for Human Rights (OHCHR), the Fundamental Rights Agency (FRA), the Organisation for Economic Co-


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operation and Development (OECD), the Organisation for Security and Cooperation in Europe, the European Network of Equality Bodies (Equinet) and the European Network of National Human Rights Institutions (ENNHRI) use our framework as best practice, for instance in relation to data disaggregation and as an example of how structure, process and outcome evidence can be comprehensively collected at a national level.

Research institutions and academics could use the framework to carry out deep-dive research into specific elements of it, to further expand knowledge and innovation in this area, including using the framework as a ‘business case’ in funding applications and to fill data gaps.

Universities and colleges can use our framework as an example to teach practical applications of equality and human rights monitoring to their students, as well as development of indicators and metrics.

1.4 Outline of the report

Chapter 2 of this report explains what equality and human rights monitoring is and how the framework, domains and indicators were developed. It also explains the different between structure, process and outcome evidence, and our geographical remit.

Chapter 3 explains the theoretical underpinnings of the Measurement Framework and covers well-known concepts such as equality, inequality, capability, vulnerability, human development and human rights. It examines the theoretical tensions between these concepts and explains the pragmatic implications for the single Measurement Framework.

Chapter 4 explains the five different components of evidence collection and analysis that the Measurement Framework uses – protected characteristics; socio-economic group; geographical analysis; people at higher risk of harm, abuse, discrimination or disadvantage; and intersectionality.

Chapter 5 presents the six domains of the Measurement Framework – Education, Work, Living standards, Health, Justice and personal security, and Participation, and the 18 core and 7 supplementary indicators that are the backbone of our monitoring work. Each indicator has a rationale, a number of clearly defined topics, and information on which structure, process and outcome evidence will be collected.

The final chapter (Chapter 6) sets out the overlap between the Measurement Framework and other important, national and international frameworks, including: human rights standards listed in the Human Rights Act (HRA) and UN treaties; the Scottish Government’s National Performance Framework; the


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national indicators for Wales; the measures of national well-being by the Office for National Statistics (ONS); and the Sustainable Development Goals.


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Measurement Framework for Equality and Human Rights Developing the framework

2 | Developing the framework

2.1 Equality and human rights monitoring

‘Equality and human rights monitoring’ is a general term that describes the essential role of gathering and using information to assess progress (or lack of progress) in the protection, promotion and fulfilment of equality and human rights over time. Monitoring equality and human rights requires independent, objective, reliable and verifiable information on the situation in a particular country or context, at a particular point in time. It also requires a baseline of information for progress to be evaluated over time. It plays an instrumental role within society by increasing transparency and accountability in relation to equality and human rights, and improving standards.Equality and human rights organisations and other organisations and bodies undertake monitoring to achieve a wide range of aims and objectives. This includes: Assessing the implementation of non-discrimination, equality and human rights

law Building objective, independent and reliable evidence on equality and human

rights violations and on the protection, promotion and fulfilment of equality and human rights standards

Promoting legal accountability for human rights and access to justice Moving equality and human rights issues up the public, media, political, national

and international agendas Building public knowledge and understanding on equality and human rights

issues and promoting attitudinal change Exposing institutional and public policy failures, equality and human rights

protection gaps and the need for additional legislative, regulatory, institutional and public policy interventions

Supporting policy development and galvanising public action to protect, promote and fulfil equality and human rights

Demonstrating good practice in equality and human rights, as a basis for further civil society monitoring initiatives


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Embedding a culture of equality and human rights protection within a range of different public and private bodies.

Equality and human rights monitoring can involve the gathering and use of both quantitative and qualitative information. Standardised quantitative information can be particularly useful in providing a consistent basis for making comparisons between areas, regions and countries and for tracking change over time, while disaggregated statistical data can provide a basis for comparing inequalities in the position of different groups of people and for identifying and assessing the position of those who are at higher risk of harm, abuse, disadvantage and discrimination.

2.2 Developing a measurement framework

We have a statutory duty under section 12 of the Equality Act 2006 to monitor progress towards equality and human rights and to report on this progress to Parliament. Until now, we have worked with four measurement frameworks to monitor and evaluate progress towards equality and human rights. The measurement frameworks covered England, Scotland and Wales and consisted of a number of domains, indicators and statistical measures. They were based on four research reports which focused on equality (Alkire et al., 2009); good relations (Wigfield and Turner, 2010); children (Holder et al., 2011); and human rights (Candler et al., 2011). These four measurement frameworks formed the basis for the collection of evidence for our first report to Parliament, How Fair is Britain? in 2010 (EHRC, 2010); the Human Rights Review in 2012 (EHRC, 2012); a series of research papers in 2012/13, and our most recent report to Parliament in 2015, Is Britain Fairer? (EHRC, 2015). ‘Is Britain Fairer?’ (2015) was the first time that the Commission reported simultaneously on equality and human rights, making pragmatic use of the four measurement frameworks.Following the publication of ‘Is Britain Fairer?’ (2015), we reviewed the different components of the measurement frameworks to develop a single Measurement Framework for Equality and Human Rights (the Measurement Framework). The Measurement Framework has a number of carefully selected domains and indicators to give a picture of progress across important areas of life in Britain. We will use it to fulfil our statutory requirement to monitor and report on equality and human rights, to inform our ongoing evidence collection and to support our legal, policy and international treaty work more generally.In the following section we set out the building blocks of our Measurement Framework, namely the four different frameworks that had previously been used.

Equality and Children’s Measurement FrameworksEquality and Human Rights CommissionPublished: October 2017

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The Equality Measurement Framework (EMF) was developed in 2008-09 (Alkire et al., 2009). The project was advised by a cross-government group of analysts and policy experts convened by the Government Equalities Office, including representatives from the Scottish and Welsh Governments. The framework formed the basis for our first statutory review (How Fair is Britain?, EHRC, 2011). It is strongly outcome-focused and uses mainly quantitative data as part of a ‘domain-indicator-measure’ approach. It covers 10 domains that each include a number of indicators and measures. Domains reflect the things or areas in life that are important to people and that enable them to flourish, while indicators are intended to capture and define the underlying concept that we are trying to measure. Measures, meanwhile, capture and define the specific statistics that we are using to measure the underlying concept (Alkire et al., 2009, p. 12).The Children's Measurement Framework (CMF) was developed and published in 2011 (Holder et al., 2011). It follows closely the approach used in the EMF but has child-specific indicators and measures for at-risk children that were developed through consultation to complement the national-level equality breakdowns. All the measures were based on quantitative data.

Good Relations Measurement Framework

The Good Relations Measurement Framework (GRMF) was developed to capture developments in the area of good relations between different groups in society, which at that point still formed part of our mandate (Wigfield and Turner, 2010).3 Although conceptually different from the EMF and the CMF, it uses a similar domain-indicator-measure approach. The GRMF covers four domains: attitudes, personal security, interaction with others and participation and influence. Each of these domains includes between four and six indicators, for each of which there are a number of statistical measures.

Human Rights Measurement Framework

The EMF, CMF and GRMF were complemented by the Human Rights Measurement Framework (HMRF), published in 2011 (Candler et al., 2011), and developed in partnership with the Scottish Human Rights Commission. This was used as the basis for our first statutory review of human rights (Human Rights Review, EHRC, 2012). The HRMF was designed to measure how Britain is meeting its human rights obligations. A key difference from the EMF, the CMF and the GRMF is the fact that the HRMF is based on the indicator framework developed by OHCHR, using the structure-process-outcomes approach (OHCHR, 2012). This approach provides

3 ‘Good relations’ was removed from our mandate in 2013 in the Enterprise and Regulatory Reform Act 2013. Equality and Human Rights CommissionPublished: October 2017

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evidence on the legislative framework (structure), the implementation of that framework through regulation and policies (process) and the results in terms of people’s position and experiences (outcomes). The OHCHR indicators have been adapted for Britain. The HRMF brings together a broad range of information including the statutory, regulatory and public policy framework that is in place for respecting, protecting and fulfilling human rights; case law outcomes; concerns highlighted by domestic and international human rights monitoring bodies, regulators, inspectorates and ombudsmen, and allegations and concerns raised by non-governmental organisations (NGOs) and other civil society mechanisms such as media reports. The HRMF also draws on a wide range of statistical sources including administrative data and social surveys. The other main difference from the other frameworks is that the HMRF is organised by articles of the HRA 1998, which incorporates the European Convention on Human Rights (ECHR) and other international human rights conventions.4 Single Measurement Framework for Equality and Human RightsThe previous frameworks had never been updated since published. They were built around the evidence available at the time so were not using the best data available today. There were also too many domains and indicators overall, some without a robust rationale or scope, which was making reporting to Parliament an onerous and unmanageable process.The single Measurement Framework was developed between March 2016 and September 2017, building on the experiences of Is Britain Fairer? (2015). The indicators with the strongest rationale and best available evidence base from all of the four previous measurement frameworks were brought together by going through a rigorous process of prioritisation. For each indicator, the rationale was clarified, the scope was refined and sources of evidence were identified. The refined indicators were presented within six new domains. We carried out an expert consultation in January 2017 encompassing events in London, Edinburgh, Manchester and Cardiff, and an invitation to key stakeholders to submit written responses. Overall, respondents were supportive of the single framework and acknowledged that it is a difficult task but one that we have managed well. There were a number of common themes that emerged from the consultation:

Some stakeholders commented that we should use additional measures of process evidence to monitor the progressive realisation of economic, social and cultural rights, according to a State’s maximum available resources. We

4 Theoretical overviews of the EMF, CMF and HRMF are provided in Burchardt and Vizard (2011), Vizard (2012), Clery et al. (2015), Vizard and Speed (2014). For a discussion of operational measures of autonomy, see Burchardt et al. (2015).Equality and Human Rights CommissionPublished: October 2017

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agree with this and have added measures to assess resource allocation and expenditure for all indicators which have a clear link to the International Covenant on Economic, Social and Cultural Rights (ICESCR).

The expert consultation raised issues relating to the right to respect for family and private life and how it was mostly absent from our original proposals. We therefore developed a new supplementary indicator around ‘Family life’ which sits in the Participation domain.

Some stakeholders flagged the need for the framework to feature violence against women and girls (VAWG) issues more prominently or to have a unique VAWG indicator. They were also concerned about us featuring sexual violence and domestic abuse under an indicator called ‘Crime’ in our previous proposals, given that a lot of violence against women and girls is not reported as crime. We have included some substantive issues that are important to the VAWG agenda in our framework, albeit not in the form of a unique VAWG indicator (because all the indicators in our framework apply to all protected characteristics). We have made it more explicit where VAWG-related issues appear in the framework and explained that all of our indicators across the framework have a gender perspective and that we will disaggregate data by gender, as well as do intersectional analysis, where possible. We have renamed the ‘Crime’ indicator to ‘Hate crime, homicides, sexual and domestic abuse’ which we believe better reflects the issues we are capturing.

A number of consultation respondents criticised our use of the term ‘vulnerable’ because it is often an imposed term, linked to processes of exclusion and isolation, and the people labelled with this term may challenge or decline to accept it. We commissioned a piece of work from the Institute for Employment Studies to help us understand how various definitions of ‘vulnerable’ are in use by different institutions and disciplines. We decided to acknowledge the term ‘vulnerability’ as an important concept that recognises a real state that affects people’s lives. However, in terms of language, we will avoid using the term ‘vulnerable people’ and instead use the term ‘people at higher risk of harm, abuse, discrimination or disadvantage’ which is more widely accepted (see Section 3.7).

In parallel to the in-house development of the framework and the expert consultation, we worked with a number of partners on specific elements:

Polly Vizard, Tania Burchardt and Husnain Nasim from the Centre for Analysis of Social Exclusion (CASE) at the London School of Economics and Political


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Science assessed the purpose and impact of equality and human rights monitoring and developed the theoretical framework.

Andrea Broughton, Rachel Marangozov and Chiara Manzoni from the Institute for Employment Studies helped us define the concept of vulnerability and identity the people at higher risk of harm, abuse, discrimination or disadvantage.

Jon Bashford and Sherife Hasan Community from Innovations Enterprise LLP helped us develop three indicators in the ‘Justice and personal security’ domain, namely ‘Criminal and civil justice’, ‘Restorative justice’ and ‘Rehabilitation, resettlement and reintegration’.

Jane Harris, Lucy Asquith and Hannah Spencer from CordisBright Consulting helped us develop the ‘Social care’ indicator.

Ebony Riddell Bamber and Tracey Agyeman from the Equality and Diversity Forum (EDF) hosted a roundtable discussion on intersectionality and how to apply the concept practically to equality and human rights monitoring. Participants were members of the EDF NGO and research networks.

We are very grateful to our partners and those who contributed to the development of the framework through a range of consultation events and discussions. A full list of people and organisations who sent a written response to the consultation can be found in the appendix.

2.3 Developing domains

The Measurement Framework covers six domains, or themes, which reflect the things or areas in life that are important to people and enable them to flourish.

Education – To be knowledgeable, to understand and reason, and have the skills and opportunity to participate in parenting, the labour market and in society

Education is an important driver of people’s success in their work, sense of achievement and emotional and financial well-being. However, educational opportunity is not shared equally in Britain and outcomes vary hugely.This domain assesses the extent to which all children and young people in Britain can fulfil their right to an education. It highlights the differences between various groups of children and young people in terms of how well they do in school, their likelihood to be excluded from school, to be bullied in school, or left without a clear


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path following the completion of their compulsory schooling. The domain also gives an overview of the major inequalities and barriers that adults face in higher education and lifelong learning. Analysis of these indicators enables us to understand overall progress towards fairness, dignity and respect in the fulfilment of educational rights and opportunities.

Work – To work in just and favourable conditions, to have the value of your work recognised, even if unpaid, to not be prevented from working and be free from slavery, forced labour and other forms of exploitation

Work is an important driver of people’s sense of achievement and emotional and financial well-being. Decent work enables people to secure an adequate standard of living and healthcare, and to participate in society and leisure activities. However, where work conditions are unfair or exploitative, or where people face harassment and discrimination, people’s rights to decent work and being able to earn a living come under threat.This domain assesses employment rates and the extent of unemployment and self-employment. It looks at casualisation of labour, discrimination in employment, and occupational segregation. It also highlights differences in earnings, including pay gaps and the prevalence of low pay. Analysis of these indicators enables us to understand overall progress towards fairness, dignity and respect at work. The domain also looks at forced labour and trafficking, to assess the extent to which people’s right to be free from slavery and forced labour is protected.

Living standards – To enjoy an adequate standard of living, with independence and security, and be cared for and supported when necessary

Having the skills to participate in the labour market and in society, and having the value of your work recognised, are important preconditions for enjoying an adequate standard of living. Where people do not have an adequate standard of living, for example because they live in poverty or in overcrowded accommodation or are not cared for and supported when needed, this has an impact on their life chances and opportunities to participate fully in society.This domain looks at poverty, the social security system and housing conditions, including the prevalence of homelessness and overcrowding, to assess rights to an adequate standard of living and social security. It also looks at social care and support to assess how the rights to live independently and to be free from abuse are respected, protected and fulfilled. Analysis of these indicators enables us to


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understand overall progress towards fairness, dignity and respect in the achievement of an adequate standard of living.

Health – To be healthy, physically and mentally, being free in matters of sexual relationships and reproduction, having autonomy over care and treatment, and being cared-for in the final stages of your life

Being able to lead a healthy life can be influenced by your education, work and living standards. Food and nutrition, housing, having safe and healthy working conditions, having a healthy environment, having the skills to access information about healthcare, and being free from discrimination are all underlying determinants of health. However, access to healthcare is not shared equally in Britain and outcomes vary hugely across different people.

This domain looks at inequality in health outcomes, including suicide, infant mortality and life expectancy, as well as access to healthcare and mental health. It also assesses reproductive and sexual health, including access to sexual and reproductive healthcare and information, as well as autonomy in sexual and reproductive decision-making. Another component of this domain is palliative and end-of-life care where we assess how people are cared-for in the final stages of their life and whether they have the autonomy to choose how and where to die. All of the indicators have a direct link to the right to health, which includes a duty on the State to progressively respect, promote and fulfil the highest attainable standard of physical and mental health. Some elements of this domain are also relevant in the context of the right to be free from torture or inhuman or degrading treatment and punishment. Analysis of these indicators enables us to understand overall progress towards fairness, dignity and respect in the fulfilment of these rights in the area of health.

Justice and personal security – To avoid premature mortality, live in security, and know you will be protected and treated fairly by the law

Avoiding premature mortality, living in security, and knowing one will be protected and treated fairly by the law is a precondition to having peace of mind, hoping for the future and being able to enjoy participating in society. Where this is not guaranteed, for example because a person has difficulty accessing justice, or is harassed because of who they are, there is a risk that they will be unable to fulfil their capabilities in other areas of life, such as education or work. This domains looks at conditions of detention, including non-natural deaths and use of restraint and force, as well as the prevalence of hate crime, homicides, and sexual and domestic abuse. It assesses how effectively the criminal justice system and civil Equality and Human Rights CommissionPublished: October 2017

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justice procedures are operating, including access to courts and tribunals, and provision of legal aid and liaison and diversion services. The domain also considers how far the State facilitates the use of restorative justice, and the rehabilitation, resettlement and reintegration of offenders. There are strong links between these issues and the rights to life, to liberty and security of person, to a fair trial, to freedom from torture and inhuman or degrading treatment, and to respect for private and family life. Analysis of these indicators enables us to understand overall progress towards fairness, dignity and respect in the fulfilment of these rights in the area of justice and personal security.

Participation – To participate in decision-making and in communities, to access services, to know that your privacy will be respected, and to be able to express yourself.

Participation in decision-making and in communities, without the undue interference of the State, is important to enable a person to influence the decisions that affect them in different areas of life, including education, work, living standards, health, and justice and personal security. Accessing services and forming relationships with freedom and autonomy also allows people to live their lives to the fullest. Where this comes under threat, for example because the right to privacy or family life is not respected, or where a person faces disproportionate barriers to getting involved politically, this undermines the foundation of our democracy.This domain looks at voting and involvement in formal public life, as well as participation in civic organisations such as trade unions. It highlights barriers and inequalities when people access services such as transport, leisure, culture and sport, finance, banking and insurance. Lack of access can impact on many other capabilities such as standard of living, education, employment and health, and can lead to social isolation. This domain also looks at privacy and surveillance, including the collection, use, tracking, retention and disclosure of personal data. Social cohesion and neighbourhood trust, as well as freedom to enjoy a private and family life, is another set of topics covered in this domain.Many of the rights covered in this domain are fundamental tenets of democratic life and feature in many international treaties. Analysis of these indicators enables us to understand overall progress towards fairness, dignity and respect in the fulfilment of these rights in the area of participation, privacy and social relations.


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2.4 Developing indicators

Within each domain there are a number of indicators. These are intended to capture and define the underlying concept that we are trying to measure. Each domain has three core indicators (18 in total) which reflect long-standing equality and human rights topics that have often been at the core of our monitoring activities in the past. We monitor and report on core indicators every three years as part of our ‘Is Britain Fairer?’ reviews to Parliament.

Each domain also has up to two supplementary indicators (7 in total) which reflect equality and human rights topics that are either completely new in our framework, or have been substantially altered from what we covered in the past. We will monitor and report on supplementary indicators at least every nine years as part of our ‘Is Britain Fairer?’ report to Parliament. In practice, that means that we will monitor supplementary indicators on a regular basis for our wider business priorities, however we will only include between one and three of them each time we report to Parliament (see Table 2.1).

Table 2.1: Measurement Framework at a glance

Domains Indicators

EDUCATIONThe capability to be knowledgeable, to understand and reason, and to have the skills and opportunity to participate in parenting, the labour market and in society

Educational attainment of children and young peopleSchool exclusions, bullying and NEETHigher education and lifelong learning

WORK The capability to work in just and favourable conditions, to have the value of your work recognised, even if unpaid, to not be prevented from working and to be free from slavery, forced labour and other forms of exploitation

EmploymentEarningsOccupational segregationForced labour and trafficking*

LIVING STANDARDSThe capability to enjoy an adequate standard of living, with independence and security, and to be cared for and supported when

PovertyHousingSocial care


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necessary

HEALTHThe capability to be healthy, physically and mentally, being free in matters of sexual relationships and reproduction, and having autonomy over care and treatment and being cared for in the final stages of your life

Health outcomesAccess to healthcareMental healthReproductive and sexual health*Palliative and end of life care*

JUSTICE AND PERSONAL SECURITYThe capability to avoid premature mortality, live in security, and knowing you will be protected and treated fairly by the law

Conditions of detentionHate crime, homicides and sexual/ domestic abuseCriminal and civil justiceRestorative justice*Reintegration, resettlement and rehabilitation*

PARTICIPATION The capability to participate in decision-making and in communities, access services, know your privacy will be respected, and express yourself

Political and civic participation and representationAccess to servicesPrivacy and surveillanceSocial and community cohesion*Family life*

* Supplementary indicators

A number of principles sit behind the selection of indicators:Relevance for human rights – indicators should be rooted in international human rights standards, for example the UN Convention on the Rights of the Child.Relevance for equality and non-discrimination – indicators should be rooted in international and domestic principles of equality and non-discrimination, for example the Equality Act 2010 and the ECHR.Relevance for duty-bearers – the State has a duty to respect, promote and fulfil people’s rights. Selected indicators should help to assess how the State is fulfilling its role as the principal duty-bearer, whether through legislation, policies, regulation or the provision of services.Impact on life chances – some indicators may be chosen because the issue under consideration impacts on people’s survival or their ability to prosper in the future.Overview of social issues – indicators may also be chosen because, in conjunction with other indicators, they provide a balanced summary of the key equality and


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human rights issues within a domain, or cover specific issues that would not be picked up through other indicators. Comparison across place and time – indicators should be comparable across England, Scotland and Wales, and should also provide up-to-date evidence that can be compared over time.

Bearing these principles in mind, the indicators should also:

Be specific and focused on a particular issue within a domain, such as educational attainment or mental health.

Be measurable, in that we can assess the current situation and whether there has been change over time.

Be relevant over the long-term, in that the issue that an indicator covers should have longevity and not be something that has only short-term relevance.

Not be set in stone, so that they can be revised and updated in terms of topics or sources of evidence.

The best we can obtain given the domain and topics of interest.

This results in an achievable monitoring exercise that allows us to provide a balanced summary of progress, regression or stagnation on human rights and equality in our ‘Is Britain Fairer?’ reviews, and to indicate where further analysis or concerted efforts are needed. It should be noted that the Commission’s wider business activities are not restricted to what is covered in the framework, and we might work across a number of topics and issues that are not in the framework.

2.5 Structure, process and outcome evidence

The Measurement Framework is based on the human rights indicator framework developed by the United Nations Office for the High Commissioner for Human Rights, using a structure/ process/ outcomes approach (OHCHR, 2012), and the capability approach adopted for our previous frameworks, the EMF and the CMF.

Combining the two approaches allows us to monitor equality and human rights standards in a way that is compatible with both the international human rights framework and the capability approach.Structures – this means the human rights and equality standards to which the UK is committed in principle, as evidenced by the HRA 1998, the Equality Act 2010, the ECHR and international treaties that the UK has signed and ratified, as well as primary legislation and some significant case law that changes the interpretation of primary legislation.


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Processes – these are the efforts that are being made by the State and duty-bearers to implement the obligations that flow from these human rights and equality standards, including the implementation and evaluation of public policies. The process evidence is subject to a lot of changes over the years, as new policies, strategies, action plan and regulations come into place. We have therefore provided examples of process evidence for each indicator that are indicative of the current situation but we have not provided a comprehensive list or full bibliographical references.Outcomes – these reflect the position or experiences of individuals and groups, including the differential experiences and outcomes of people sharing different protected characteristics, evidenced by, for example, social survey or administrative data, or concerns highlighted by regulators, inspectorates, human rights monitoring bodies or non-governmental organisations (NGOs).

The three distinct types of outcomes evidence that we draw on can be monitored in terms of whether people have achieved the capabilities, and their experiences of treatment and autonomy:

Achievement of capability – monitoring the central and valuable things in life that people can achieve in practice, for example being healthy, being educated, living in security

Treatment – reflecting inequalities in treatment through discrimination or disadvantage by other individuals, or by institutions and systems, including lack of dignity and respect

Autonomy – inequality in the degree of empowerment that people have in making decisions affecting their lives, and how much choice and control they really have given their circumstances.

Progressive realisation of economic, social and cultural rightsThe International Covenant on Economic, Social and Cultural Rights (ICESCR) includes rights to education, work, food, housing, health care, social security and cultural development that are subject to ‘progressive realisation’, according to a State’s ‘maximum available resources’.States are required to move as ‘efficiently and expeditiously’ as possible towards the full realisation of economic, social and cultural rights, and must not take deliberately retrogressive measures without a justifiable reason. Where a State adopts policies that decrease people’s enjoyment of a right, this must be fully justified and must be temporary, necessary and proportionate, and non-discriminatory, and it must ensure the protection of a minimum core content of rights.States must realise economic, social and cultural rights to the ‘maximum of their available resources’ – this is an important qualification of the obligation on States,


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and recognises that States have different capacities and that these can change over time. When analysing the use of resources, a number of criteria can be taken into account, such as: whether the State has given ‘due priority’ to economic, social and cultural rights in the way that it allocates resources; whether spending is efficient and effective; whether allocations for economic, social and cultural rights were fully spent or if they were diverted, and whether States have mobilised as many resources as possible, for example through taxation (Asia Pacific Forum of NHRIs and Centre for Economic and Social Rights, 2015).In our Measurement Framework, we assess resource allocation and spending for all indicators which have a clear link to the ICESCR, namely in the domains of education, work, living standards and health. We draw on published material by others to do this.

Figure 2.1 shows the basic synergies and overlaps between the underlying concepts and principles.


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Figure 2.1: Using structure, process and outcome evidence to monitor progress


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StructuresWhat the standards

say

ProcessesHow the standards are implemented

Monitoring progress towards equality and human rightsSubstantive freedoms or capabilities enjoyed by people

OutcomesWhat people experience

Institutions Legal systems International

treaty commitments

Principles established in case law

Implementation and evaluation of public policy

Regulations Resource

allocation and expenditure

Analysis possible by: Domain Indicator Topic Protected characteristic People who are at higher risk of harm,

abuse, discrimination or disadvantage Human rights article

Achievement of capabilities (things people can do or be)

Treatment Autonomy

(empowerment, choice and control)



2.6 Geographical remit

The geographical scope of the Measurement Framework is the same as the remit of the Commission. We are the National Equality Body and one of the National Human Rights Institutions for Great Britain. Our geographical remit covers England, Wales and Scotland, with the exception of those human rights matters that are within the legislative competence of the Scottish Parliament. There are instances, however, where we may exercise our statutory duties and enforcement powers in respect of equality or human rights matters arising outside of Britain’s territorial borders. We monitor progress on these extra-territorial issues to the extent as they fall within the specific domains and indicators of the new Measurement Framework. Applicability of Equality Act 2010: extra-territorial jurisdiction The Equality Act 2010 forms part of the law of England, Wales and, subject to some exceptions, Scotland.5 In some circumstances however the provisions of the Act have (or potentially have) applicability to actions that occur outside of Britain’s borders. This is generally determined by the relevant court or tribunal. For example, the Act leaves it to employment tribunals to determine whether Part 5 (work) applies to an alleged act of discrimination which occurs partly or wholly outside Britain: a tribunal would consider whether there was a sufficiently close link between the employment relationship and Britain. There are also a limited number of specific cases where the Act expressly provides for particular provisions to apply (or potentially apply) outside Britain. Applicability of the Human Rights Act 1998: extra-territorial jurisdiction The UK courts have applied the Human Rights Act (HRA) 1998, which incorporates the European Convention on Human Rights into domestic law, as having extra-territorial effect in circumstances where the UK has ‘jurisdiction’ for the purposes of Article 1 of the Convention. Current case law has established that relevant Human Rights Act and European Convention on Human Rights obligations can apply to the actions of UK state agents abroad, for example in the course of military or intelligence operations, in those circumstances where the UK has de facto effective control over the territory, or part of the territory, of another state, or effective control over an individual even if they are located outside UK borders. International human rights instruments The Commission’s duty to protect and promote human rights, as envisaged in the UN Paris Principles, is set out in its founding legislation, the Equality Act 2006. This mandate is expressed broadly and therefore includes the United Nations (UN),

5 Subject to minor exceptions, the Equality Act 2010 does not apply to Northern Ireland. Equality and Human Rights CommissionPublished: October 2017

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Council of Europe and other international human rights treaties which the UK has, or plans to, ratify.Some of these treaties require signatory states to accept responsibility, in limited circumstances, for potential human rights breaches that take place abroad. The Commission is empowered to promote and monitor the ratification and effective implementation of these international instruments by the UK. For example, we have called for the expeditious ratification of the Istanbul Convention6 which requires signatory states to implement extra-territorial jurisdiction so that certain offences committed by their citizens can be prosecuted in the national courts regardless of where the offences take place in the world. The UK Government recently announced that it will introduce new measures to protect women and girls from crimes committed by British nationals overseas as part of its Domestic Violence and Abuse Bill, covering England and Wales, and therefore this is an issue we will monitor as part of the ‘Hate crime, homicide, sexual and domestic abuse’ indicator in the Justice and personal security domain.The Commission is also empowered to promote awareness, understanding of and encourage good practice in relation to human rights amongst the voluntary and commercial sectors. An example is our work to raise awareness of the UN Guiding Principles on Business and Human Rights7 and domestic legislation which requires British companies to disclose ‘due diligence’ information about how they manage their human rights impacts at home and abroad. The Modern Slavery Act 2015, for example, requires companies to report on the steps they have taken to assess and mitigate risks of slavery and human trafficking in their domestic and overseas supply chains. Therefore, we will monitor progress on this across several indicators in the Work domain.

6 The full name of the Istanbul Convention is Council of Europe Convention on preventing and combating violence against women and domestic violence.7 The Guiding Principles do not create any new international legal obligations on British companies, but they can help boards to operate with respect for human rights and meet their legal responsibilities set out in domestic laws. The UK Government has published a National Action Plan for the implementation of the Guiding Principles where they set out their expectation for UK companies to respect human rights wherever they operate.Equality and Human Rights CommissionPublished: October 2017

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Measurement Framework for Equality and Human Rights Theoretical framework

3 | Theoretical framework

Our Measurement Framework is underpinned by several theoretical concepts relating to equality, human rights, vulnerability and intersectionality.In this chapter, we first look more closely at the key theoretical concepts that we considered when developing the framework. There are many different kinds of ‘theory’ relevant to equality and human rights monitoring. These include philosophical theories which provide value-based underpinnings, theories of legal obligation which provide an account of how equality and human rights standards are codified, interpreted and enforced, and theories derived from political science and public administration, which explore governance, regulation and monitoring in relation to governments and other public bodies. We also consider concepts of ‘vulnerability’ and approaches to identifying people who may experience multiple forms of discrimination (intersectionality).We then turn to the practical implications of these theoretical concepts for our Measurement Framework.

3.1 Equality and inequality

What kinds of equality or inequality should be promoted or prohibited? There have been three dominant approaches in political philosophy over the last century that provide distinct answers to this question: utilitarianism, libertarianism, and liberal egalitarianism.

Utilitarianism

Utilitarianism is concerned with optimising the distribution of utility – variously interpreted as subjective well-being or happiness, so that the total sum of utility is maximised (Bentham, 1776). This perspective has enjoyed a resurgence of interest in recent years in the form of the ‘economics of happiness’ (Clark, 2016; Layard, 2011), the idea that the same amount of happiness counts equally whoever accrues it. However, gains in material goods or resources (such as income) and happiness are usually seen to produce diminishing returns in relation to happiness. In other words, an additional £1 to a person living in poverty gains more happiness than the


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same £1 given to a wealthier person. Utilitarianism can, therefore, be used to provide a reason for promoting material equality, or reducing material inequality.

However, utilitarianism does not promote wealth equality per se; any transfers of material goods or resources would be evaluated solely on the basis of whether they, in practice, produce a greater total sum of happiness. If it turned out, for example, that non-disabled people were more ‘efficient’ at translating resources into happiness than disabled people, a utilitarian would be obliged to advocate allocating resources to non-disabled people – or to bring in an additional ethical principle to avoid this unpalatable conclusion.

Critics of utilitarianism also point out that maximising subjective well-being is not necessarily the only goal that people may have – they may also have goals relating to the well-being of others or goals that are nothing to do with well-being at all, but rather to achieving artistic excellence or advancing human knowledge, for example (Sen, 1979).

More seriously still from an equality perspective, critics have drawn attention to the levels ob subjectivity in assessing well-being and the problem of conditioned expectations or ‘adaptive preferences’. Someone who is accustomed to having a new car and a foreign holiday every year may feel deprived if they move job and are no longer able to afford such things, even if their standard of living is still well above the poverty line. Conversely, someone who has endured long-term hardship may take great pleasure in a modest improvement in their circumstances. If conditioned expectations of this kind feed through into levels of subjective well-being, subjective well-being will be an unreliable guide to people’s quality of life, and using it as a basis for comparison – let alone striving for equality of subjective well-being – will be a flawed objective.

Libertarianism

Libertarianism holds that people may acquire, keep or exchange belongings or services, and that any outcome of such trading is fair, provided there was no use of force or other forms of coercion. Wealth inequalities that may arise in the course of freely-contracted market transactions are not viewed as an injustice. This idea of liberty tends towards minimising state interventions but formal equality of opportunity, such as ensuring that everyone is treated the same, may be endorsed by libertarians, and there may even be an argument for redressing inequalities that have arisen through coercion in the past, for example through slavery.


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Liberal egalitarianism

The first principle of justice according to liberal egalitarianism is that everyone is entitled to a full set of basic liberties. According to Rawls, social and economic inequalities are justifiable in some circumstances and not in others. First, Rawls argues that ‘in all parts of society there are to be roughly the same prospects of culture and achievement for those similarly motivated and endowed’ (Rawls, 2001, p. 44). This is a strong statement of non-discrimination, including on grounds of gender, ethnicity, sexual identity and so on. Secondly, any inequalities must benefit of the least advantaged members of society. This formulation, known as the ‘difference principle’ reflects the idea that some degree of inequality may be necessary in order to incentivise people to be productive, thereby increasing the size of the cake overall and, potentially, increasing the size of the slice allocated to the least well-off members of society.

One of the distinctive features of Rawls’ approach is that the difference principle applies to what he calls ‘primary goods’ – things such as income and wealth that are generally useful for people in pursuing their goals, whatever those goals may be. Rawls argues that evaluation of equality and inequality should focus on these all-purpose means (resources, or inputs) available to people to achieve desirable ends rather than on the ends themselves, because people have diverse goals and the state should not prescribe a particular vision of ‘the good life’. However, critics of egalitarianism have focused on the choice of primary goods as the currency of justice. Sen (1999), for example, argues that relying on primary goods overlooks the diverse rates at which people can convert them into real opportunities. He reminds us, for example, that a disabled person may need more or different resources to achieve the same standard of living as a non-disabled person.

3.2 Capability

In our view, the most compelling theoretical underpinning for equality and human rights monitoring is provided by Sen’s capability approach (Sen, 1985, 1993, 1999, 2009). The capability approach has been a major theoretical influence on the development of new indicator-based monitoring exercises, such as the UNDP’s Human Development Index, the Millenium Development Goals and the OECD’s Better Life Index, and it has formed the basis of our previous equality and children’s measurement frameworks.


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The central concept is ‘capability’: central and valuable freedoms and opportunities, the critical things in life that people can actually do or be. The approach has a number of distinctive features (Robeyns, 2016):

Evaluation of substantive freedoms and opportunities: what matters are the central and valuable things in life that people can actually do and be, not merely the resources that are available to them, or their subjective well-being.

Positive interpretation of freedom – ‘freedom to’, not just ‘freedom from’. Positive freedoms will often require the promotion of equality and human rights, the redistribution of resources and other state efforts if they are to be achieved on an equitable basis.

Distinguishing between means and ends: for example, access to healthcare is an important input for achieving good health, but the valuable goal is health itself.

Recognising diversity in people’s circumstances, characteristics and goals. This implies that we take account of the different resources that people may need to achieve the same real freedoms, and need to be sensitive to the position of different individuals and groups.

Acknowledging the role of structures and processes in enabling or constraining people’s capabilities, for example through accessible public transport, or effective redress for workplace discrimination.

Recognising the role of individuals as agents, including in defining their own objectives, and being involved in decisions that affect them.

Inequality is seen to arise when people have unequal real freedom to enjoy the central and valuable things in life. Applications of the approach must define a list of such ‘real freedoms’ or inequalities, which will be expressed as the valuable ends (‘health’ or ‘security’ for example) rather than in terms of the resources or other inputs that are required to achieve them (‘healthcare’ or ‘crime prevention’).

Inequality is understood to be caused by unjust structures and processes. This may include a distribution of resources that does not recognise diverse needs and/ or a denial of rights or liberties. These features, together with the focus on ends rather than means, make it a particularly attractive basis for grounding an equality monitoring framework.

In contrast to utilitarianism, the capability approach recognises multiple dimensions of human well-being and does not rely solely on subjective information. In contrast to libertarianism, it embodies a positive account of freedom and focuses attention on Equality and Human Rights CommissionPublished: October 2017

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the potential for public action. And in contrast to liberal egalitarianism, it identifies variations in need and maintains a clear focus on valuable ends (capabilities) rather than means (resources or primary goods).

Nevertheless, the capability approach is not without critics. Sen does not offer a comprehensive theory of justice, so there is no guidance on the extent of inequality that should be deemed unacceptable. Sen’s account is also (intentionally) incomplete in the sense that it does not provide a definitive list of central and valuable capabilities. Rather, Sen argues that a capability list must be specific to the evaluative task in hand, and should be drawn up through a transparent, deliberative and democratic process. For this reason, the process of developing the capability list for our original Equality Measurement Framework – and that we have used again and adapted for this Measurement Framework – involved consultation with around 200 members of the general public and individuals and groups at particular risk of discrimination and disadvantage.

Other critics include Dean (2009), who argues that recognition of ‘needs’ does not come about through a technical exercise but is the outcome of struggle, often collective struggle, and that ‘needs’ in this sense are not fixed for all time. This is an important reminder about the status of any capability list: it must be revisited from time to time to verify whether new capabilities have been identified as important.

3.3 Human rights

Central to human rights is the idea that a core set of basic freedoms should be guaranteed for all people everywhere, on the basis of non-discrimination and equality regardless of country, nationality, and citizenship, gender, age, race, ethnicity, religion or belief, disability or any other characteristic or status. Saying that someone has a human right to x is to imply that the State has responsibilities, obligations and duties to uphold the human right to x. Examples of human rights that are widely claimed and cited include the right to life, the right not to be subjected to torture or to cruel, inhuman or degrading treatment or punishment, the right to participate in free and fair elections, the right to an adequate standard of living, and the rights to education and health (Vizard, forthcoming b).

The possibility of arriving at an objective, impartial and valid theory of human rights has been challenged from a number of perspectives. Given the diversity of moral practices, norms and principles over different historical periods and in societies with vastly different cultural, religious and ethical traditions, some philosophers have argued that it is not possible to arrive at a valid normative theory of universal human Equality and Human Rights CommissionPublished: October 2017

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rights (Vizard, forthcoming b). Some theories admit the possibility of negative human rights but not positive human rights, and/ or civil and political rights but not economic and social rights. For example, libertarian theories specify the objectives of fundamental rights in terms of negative liberties (‘freedoms from’). The obligations that correspond to fundamental rights are characterised as negative prohibitions on interference, and the demands of justice are viewed in terms of processes rather than outcomes (for example Nozick, 1974; Hayek, 1960; c.f. Vizard, 2006, forthcoming a, b).

A key limitation of libertarian approaches, as well as some of the other influential theories in the liberal tradition, is that they fail to provide adequate ethical foundations for the full range of human rights, and the corresponding obligations that are recognised in the international human rights framework. In the past, for example, economic and social rights were often viewed as having only aspirational or pragmatic status, or they were seen as being outcomes of international political agreements, as being ‘special’ or ‘institutional’ rights, or they were seen through the lens of positive law and legal obligation.

In contrast, there have been a number of attempts in recent years to develop broader normative theories of human rights that provide more adequate foundations for the human rights that are recognised within the international human rights framework. These include economic and social rights such as the right to an adequate standard of living, and the rights to education and health. As summarised in Vizard (forthcoming a b), notable contributions to the recent literature in this area include:

Pogge’s account of global poverty and human rights. This addresses how global poverty and the nonfulfillment of other basic needs, such as health, can be addressed as human rights within a framework of negative duties. His account is based on the proposition that global institutions, policies, programmes and arrangements are causal factors behind the generation and reproduction of global deprivation and disadvantage, and that there are strict negative duties to refrain from supporting global institutions, policies, programmes and arrangements of this type (Pogge, 2008).

Griffin’s account of human agency and human rights. According to this account, human rights are grounded in human personhood and can be viewed as the minimum protections necessary for human agency. Based on this approach, Griffin argues that there is theoretical justification for a range of civil and political


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rights, as well as for ‘a human right to the minimum resources needed to live as a normative agent’ (Griffin, 2008).

The capability approach, with its focus on the central and valuable freedoms and opportunities, provides explicit support for positive obligations, as well as negative obligations, and for thinking about a broader class of human rights, including economic and social rights. The literature on the capability approach and human rights is summarised in Vizard (forthcoming a b):

Nussbaum develops an account of capabilities as universal entitlements based on human dignity. She argues that nation states with diverse historical, religious, cultural and moral traditions and people with different metaphysical theories and views on what is ‘good’ can reach agreement on a core set of values for practical and political purposes (Nussbaum, 2004, 2007, 2011).

Sen suggests that human rights can include ‘opportunity freedoms’ such as the capability to be adequately nourished or to be educated, as well as ‘process freedoms’, such as due process. Within Sen’s conceptual framework, ‘outcome freedoms’ and ‘process freedoms’ are associated with both negative and positive claims on others, individually and collectively, including on governments, socio-economic arrangements, laws and public action (Sen, 2004, 2005, 2009, 2012).

Several of the arguments that justify a focus on the concept of capability in relation to equality are also relevant to human rights assessment. This includes the direct focus of the capability approach on ends (substantive freedoms) rather than means (income, resources, ‘primary goods’), recognition of the importance of differences in people’s needs and situations (for example, disability, entrenched discrimination), and recognition of the importance of adaptive expectations and behaviour (Vizard, (forthcoming a; c.f. Vizard, 2006, 2007; Burchardt and Vizard, 2011; Vizard et al., 2011).

Moreover, contemporary equality and human rights monitoring increasingly combines legal evaluation with ‘de facto’ results and the gathering of outcome-orientated statistics. For example, this approach is reflected in the monitoring methodology adopted by the UN Committee on Economic, Social and Cultural Rights and within the system of structure, process and outcomes indicators recommended by OHCHR. The capability approach provides theoretical underpinnings for these broader methodological approaches by highlighting the importance of a broad information base for human rights evaluation and supplementing information about formal human rights commitments (and the measures adopted to protect, promote and fulfil human rights) with outcome-orientated information about substantive Equality and Human Rights CommissionPublished: October 2017

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freedoms, and the central and valuable things in life that people can actually do and be (Vizard, forthcoming a).

3.4 Human development

Until the advent of human development theory, international development was conceived principally in terms of economic growth. GDP per capita was a commonly used indicator reflecting the assumption that what mattered was aggregate economic output and productivity. The human development approach offered a radical challenge to that assumption (Sen, 1999). Instead of focusing on economic growth, human development was conceived as a process of expanding the real freedoms enjoyed by people, including political freedoms (civil liberties, democratic accountability, transparency and so forth) and other process freedoms, as well as central and valuable capabilities such as health, education and standard of living. Securing and extending capabilities is both a goal of human development and, Sen argues, a crucial input into the process of development. Economic growth depends on capability expansion, and investment in capabilities can start a virtuous circle of development. Moreover, paying attention to the distribution of capabilities, for example ensuring that girls as well as boys are educated and that women’s voices are heard alongside men’s, will produce stronger development and better long-term outcomes.

3.5 Legal theories

Whilst our focus within this chapter is on normative theory, it is important to note that equality and human rights monitoring is underpinned by legal theory as well. Indeed, a key objective of equality and human rights monitoring is to assess compliance with, and the implementation of, the equality and human rights standards that are recognised within the international human rights framework and that are codified in domestic, regional and international law. The Commission’s measurement frameworks are unpinned by the international human rights framework, and by domestic, regional and international equality and human rights law, as well as by ethical theory.

The UK is a party to seven core international human rights treaties, whilst human rights in the UK are incorporated into regional and domestic law through the ECHR and the HRA (which incorporates many of the human rights recognised in the ECHR and gives further effect to these in UK domestic law). In addition, anti-discrimination and equality law within the UK includes the Equality Act 2010. Whereas normative


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theory focuses on the ethical justification, validity and content of human rights-based claims, the point of departure for legal theories is the recognition and codification of equality and human rights standards in law, the analysis and interpretation of the legal duties that are established in law, and the evaluation of compliance and implementation.

3.6 Critiques of the indicator-based approach

A number of tensions arise in the development and application of indicator-based approaches to equality and human rights monitoring (Vizard, 2016):

Power-based critiques highlight the way that indicators can function as a form of administrative and social control. This emphasises the top-down, managerialist and technocratic nature of measurement frameworks and indicators, as well as the ways in which indicator-based approaches can result in the empowerment of experts and bureaucracies (for example Dean, 2015). Ideological bias and objectivity critiques build on this analysis and raise further questions about whether indicators are truly ‘objective’ or ‘scientific,’ or whether the rationalistic veneer of indicators is nothing but a smokescreen for underlying ideological and political interests and subjective and normative judgments (for example Dean, 2015; Merry, 2011).

Data reductionist critiques suggest that a focus on quantitative information fails to capture holistically information about complex phenomena and, in particular, neglects the qualitative aspects of human rights. Arguably, a quantitative information base is too narrow to capture the concept of human rights fully, and is systematically biased. For example, it has been argued that quantitative indicators at best only partially capture information about complex phenomena and neglect qualitative aspects of human rights. A focus on quantifiable information (for example quantity of teachers or nurses, not quality of education nor healthcare) results in an overemphasis on what is measureable, whilst human rights violations such as torture, by their very nature, relate to concealed activities and may only be partially observable (for example Merry, 2011). Concern has also been expressed regarding a shift towards audit-based procedures within human rights monitoring, and the reconceptualisation away from ‘judgment-based, subjective assessments of state parties’ performance and specific, contextual recommendations towards the objective evaluation of data collection methods and verification of outcomes’ (McGrogan, 2016, p. 390).


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Data validity and reliability critiques raise concerns about the statistical validity and reliability of the indicators used to measure phenomena such as poverty, particularly where cross-country comparisons are concerned. For example, lack of data availability, poor data quality and the mis-specification of indicators can result in measurement bias and under-reporting and mis-identification (for example Reddy and Pogge, 2010). Other concerns relate to missing data and the use of scales and proxy data. Lack of data disaggregation has been highlighted as resulting in an overemphasis on population averages and inequalities in the position of subgroups being unaddressed (for example, in the context of the Millennium Development Goals.

Target-based critiques suggest that a culture of targets generates distortions by encouraging gaming and an organisational culture of ‘delivering the targets’ whilst removing discretion to focus on locally determined important priorities and goals. The Conservative/ Liberal Democrat Coalition (2010–2015) put forward a political critique of the use of central targets (so-called top-down ‘command and control’) in the context of the management of public services, including under Labour administrations (1997–2010), and advocated a shift towards outcomes-focused monitoring (including the new NHS Outcomes Framework) (on which, see Vizard and Obolenskaya, 2015).

Accountability-based critiques focus on the specification of indicators without building in adequate accountability for the results achieved.

Cost-based critiques highlight the high costs of developing indicators and the opportunity cost of the available funds, particularly within the context of developing countries, whilst ethical critiques focus on concerns around consent, data protection and confidentiality.

The development and use of composite indicators in the context of equality and human rights monitoring, where a number of indicators are collapsed into a single index or measure, can allow the communication of simple messages for impact purposes. However, this approach raises a number of specific concerns. These include the aggregation of diverse components, the averaging-out of trends and the application of weights (for example Ravallion, 2011). Because of the loss of key detail and the lack of ability to drill down in analysing inequalities within different areas of life, we have avoided using composite indicators within our own framework.


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3.7 Vulnerability

Much equality and human rights monitoring is based on the concept of ‘vulnerability’ and whereas definitions of vulnerability differ according to professional areas (see below), it is widely recognised that there are certain groups of people who are at higher risk of disadvantage, discrimination, harm or abuse, compared to the rest of the population. The following section provides a brief overview of how the term vulnerability is used in different fields in the UK and internationally, and how we have practically applied it to the purpose of equality and human rights monitoring.

‘Vulnerability’ in health and social care: individuals in need who are unable to protect themselves

The Department of Health (DoH) identifies a ‘vulnerable person’ as someone who ‘is, or may be in need of community care services by reason of mental or other disability, age or illness; and who is or may be unable to take care of him or herself, or unable to protect him or herself against significant harm or exploitation’ (DoH, 2000, pp. 8–9). In a health context, therefore, the term ‘vulnerability’ is largely an imposed category, linked to processes of exclusion and isolation, though the people thus labelled with this term may challenge or decline to accept it (Aspinall, 2014). The understanding of ‘vulnerability’ in the Care Act 2014 repeats, in the main, this meaning (DoH, 2017).

A much broader definition is deployed in relation to children’s health and development. In line with the Children Acts of 1989 and 2004, the UK Government (HM Government, 2015) and the devolved administration in Wales (Welsh Assembly Government, 2006, 2008) refer not to ‘vulnerability’ but to children ‘in need’. Children are defined as being ‘in need’ if:

They are unlikely to achieve or maintain, or have the opportunity of achieving or maintaining, a reasonable standard of health or development without the provision of services by a local authority.

Their health or development is likely to be significantly impaired, or further impaired, without the provision of such services; or

They are disabled.

In law, children, by fact of being under 18 years of age, are regarded as being particularly at risk, with a much stronger need for protection compared to adults. This assumed vulnerability of children demands that service-providers should be proactive about protecting them. The UK Government’s guidance on ‘Working Equality and Human Rights CommissionPublished: October 2017

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together to safeguard children’ states that some children may be particularly at risk, and so require additional care in their assessment. These children include ‘young carers, children with special educational needs, (who may require statements of SEN), unborn children where there are concerns, asylum-seeking children, children in hospital, disabled children, children with specific communication needs, children considered to be at risk of gang activity, children who are in the youth justice system’ (HM Government, 2015).

Understandings of vulnerability beyond physical harm

Socio-economic definitions of vulnerability broaden our understanding of how people can be at higher risk of disadvantage, discrimination, harm or abuse.

The European Commission defines vulnerability predominantly in terms of potential social and economic factors that work to exclude particular people. For example, the Social Protection and Social Inclusion Glossary of the European Commission’s Directorate-General for Employment, Social Affairs and Inclusion uses the term ‘vulnerable’ to cover groups that experience a higher risk of poverty and social exclusion than the general population. Ethnic minorities, migrants, disabled people, the homeless, those struggling with substance abuse, isolated elderly people and children all often face difficulties that can lead to further social exclusion, such as low levels of education and unemployment or underemployment (European Commission, 2010).

International legal and human rights definitions – much broader and situation-based

The past two decades have seen a growing international concern to consider vulnerability when advancing human rights in various contexts. Three human rights treaties contain direct provisions about protecting the rights of people who are particularly at risk. These are: the 1990 Convention on the Protection of the Rights of all Migrant Workers and Members of their Families; the 2000 Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography, and the 2006 Convention on the Protection of all Persons from Enforced Disappearance. The obligation to protect people in these situations aims to address causes of vulnerability, rather than treating people as being inherently vulnerable. For example, migrant workers may need added protection owing to a series of factors, such as poor proficiency in the language of the country of employment. Some bodies, such as the European Union Fundamental Rights Agency (FRA), have tried to avoid the term ‘vulnerable’ because it implies a permanent state of being. The FRA speaks instead of ‘vulnerable situations’, saying that individuals can be


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vulnerable, but whole groups of the same people cannot be labelled in the same way because this disregards personal circumstances or the possibility of a change in circumstance that may mitigate vulnerability. The FRA argues that it is better to talk about situations or conditions that make people ‘vulnerable’ or potentially vulnerable, and then take action to change or improve these situations and conditions.8

However, the fact that treaties have emerged to protect women, ethnic minorities, migrants and children, as well as those who are socially and economically excluded, indicates that these groups are widely seen as requiring special attention across national contexts.9 The legal concept of vulnerability within the context of human rights has also been wide-ranging; in the case law of the European Court of Human Rights, it has been applied to Roma, to people with mental health issues, to people living with HIV, and to asylum seekers (Peroni and Timmer, 2013). European Court of Human Rights case law shows that different aspects of vulnerability have been highlighted in different cases.

International legal and human rights approaches to vulnerability are deliberately broad and loosely defined to account for the many international contexts in which they could apply. In some developing or war-torn countries, ‘vulnerability’ would be more commonly associated with those exposed to structural risks around food security, torture and natural environmental disasters, whereas in the UK ‘vulnerability’ focuses more heavily on personal characteristics, such as physical or mental impairments and inability to protect oneself from harm.

Difficulties in defining ‘vulnerability’

The concept of ‘vulnerability’ is often used as a synonym for being socially disadvantaged or economically excluded: policy literature variously describes people as ‘disadvantaged’, ‘marginalised’, ‘hard to reach’ and ‘socially excluded’. However, most reports emphasise the complexity of needs that are experienced by people in these situations, whatever label is used to describe them. Some groups have also been described as ‘hidden populations’: sex work, for example, by its nature is frequently conducted clandestinely or covertly, not least because of the stigma attached to it. This reinforces the need for any definition of ‘vulnerability’ to be sufficiently distinct so that it can be meaningfully deployed for the purposes of equality and human rights monitoring.

8 Expert interview with FRA, conducted by the Institute for Employment Studies to assist in the development of the Measurement Framework.9 Expert interview with OHCHR, conducted by the Institute for Employment Studies to assist in the development of the Measurement FrameworkEquality and Human Rights CommissionPublished: October 2017

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Furthermore, some theoretical concepts of vulnerability relate to individuals whilst others are group-based. Fineman stresses the role that resilience plays in overcoming vulnerability and proposes to consider vulnerability as a ‘universal, inevitable’ condition of humanity (Fineman, 2010). Writing from an ethics point of view, Luna also rejects the use of vulnerability as a label for certain groups in the population (Luna, 2009). Gilson’s psychological perspective on vulnerability, meanwhile, reinforces the views that vulnerability is a condition, and not a property which characterises certain population groups (Gilson, 2011). Gilson remarks that associating vulnerability with certain population groups shifts the perspective from describing vulnerability as weakness to ‘thinking of those who are vulnerable as weak’. She states that moving our lenses away from negative stances on vulnerability helps to imagine it as a ‘condition of potential that makes possible other conditions’.

These approaches are useful in highlighting the role of resources and resilience in determining which individuals are at higher risk from discrimination, disadvantage, harm or abuse. They are also useful in highlighting the shortcomings of group-based or category-based approaches, which tell us little about how a person come to be at higher risk, and what may cause any change in this state.

However, if we were to avoid group-based approaches we would miss the shared experiences of group identity, risk exposures, discrimination, disadvanate, value systems and distinctive history. It is particularly useful when a group-based definition captures acute vulnerability relating to a very specific group (for example, in relation to Gypsies and Travellers). Defining vulnerability at a sub-group level can also be useful when capturing acute vulnerability within a more diverse group (for example, in relation to migrants) (Aspinall, 2014).Using vulnerability within our own Measurement Framework

The sections above showed that definitions of ‘vulnerability’ in the UK and further afield are broad and loosely defined, particularly in relation to children, where there is a presumed level of vulnerability by virtue of their age and almost regardless of circumstance. In health and social care domains in the UK, definitions tend to be imposed and limited to people who are in need of support services and who are unable to protect themselves, but even this is fairly broad, since a person can be both of the above and still not be at higher risk of harm or abuse; much will depend on their personal circumstances. Socio-economic understandings of risk are equally broad, and international legal and human rights approaches to vulnerability are arguably the most loosely defined, in order to maintain protection for people against a backdrop of very different national contexts.Equality and Human Rights CommissionPublished: October 2017

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Nevertheless, each of these perspectives has its own strengths, and brings useful insights that are relevant to equality and human rights monitoring. Health and social care definitions are useful for highlighting the ways in which poor health and disability can put individuals at higher risk of harm, particularly if they are unable to protect themselves and are reliant on wider support services. Socio-economic perspectives widen our understanding of vulnerability beyond health conditions and frailty to include how socio-economic circumstances, such as unemployment, poverty, homelessness and poor educational opportunities, can work to exclude people. From this point of view, it is possible to identify a much wider range of people who are potentially at higher risk, such as ethnic minorities, religious minorities, people who are LGBT and Gypsy, Roma and Traveller communities. International legal and human rights perspectives offer the most potential to account for people’s situations – how they are affected by institutional and political structures and a range of different environments. This also enables a greater understanding of the interplay between individuals and contexts.

Bringing all of this together, we have used vulnerability as a concept to develop our own definition of people who are at higher risk of harm, abuse, discrimination or disadvantage:

An individual can be at higher risk of harm, abuse, discrimination or disadvantage if they face adverse external conditions and/or have difficulty coping due to individual circumstances.

The definition has four elements.

1. Some people are at higher risk of harm, abuse, discrimination or disadvantage – in discussions organised by the Institute for Employment Studies on behalf of the Commission, some stakeholders did not favour the other terms above (‘vulnerable’, ‘disadvantaged’, ‘hard to reach’ or ‘marginalised’), and preferred the term ‘at higher risk’. We accept that ‘vulnerable’ is less popular because it carries with it some of the ‘baggage’ of its more traditional meaning and uses and we therefore describe people as being ‘at higher risk of harm, abuse, discrimination or disadvantage’ throughout the Measurement Framework.

2. People can be at higher risk if they face adverse external conditions – this may include one or more of the following experiences:


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o Insufficient support to meet a person’s needs being provided by a particular service provider, such as social services for the elderly or for children in care.

o A lack of existing legal protection and/ or limited access to justice and legal redress.

o Discriminatory attitudes and stigma: for example, the stigma that people with mental health conditions often face, or the discriminatory attitudes that face those seeking asylum or refugee status.

3. People can also be at higher risk if they have difficulty coping due to individual circumstances – this may include:

o Lack of resources: here taken to mean personal resources (for example good mental health, ability to speak English, confidence etc) and social resources (for example social networks, family support). It should be assumed for the purposes of this definition that all children lack sufficient resources because of their age. This is in line with current legal and statutory understandings of children being regarded as more vulnerable than adults by virtue of their age and developmental needs, and therefore requiring more proactive protection.

o Lack of resilience: inability to activate and use certain resources, for example because of a lack of information, confidence or experience.

o Personal characteristics: for example age.

4. Importantly, it is often the combination of, or interaction between, adverse external conditions and individual circumstances which can cause an individual to be at higher risk. For example:

o Barriers in the labour market can interact with individual circumstances to compound economic exclusion, as with many older, female carers seeking work.

o The provision and structure of mainstream education often sits poorly alongside the personal responsibilities of young carers, limiting their educational opportunities.

o Stigma around mental health conditions is often compounded amongst those individuals from ethnic minority backgrounds because of the negative way in which these conditions are already viewed within some communities.

However, it should be noted that the line between external conditions and individual circumstances is blurry and that vulnerability can also arise only from adverse


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external conditions or only from individual circumstances. People’s lives are extremely complex so there are also some factors that may play a role in both external conditions and individual circumstances, for example the lack of sufficient income to meet basic needs.

It is important to understand how this use of the vulnerability concept differs from how other sectors are using it. First, it goes beyond merely describing unfavourable circumstances and positions (as implied by the terms ‘disadvantaged’ or ‘excluded’) to stress the way in which compounded disadvantage or characteristics can work to severely disadvantage individuals in specific ways (for example detained immigrants in the legal system, or Muslim women in the labour market). Second, it acknowledges the personal resources of an individual in coping with disadvantage, which may or may not mitigate aspects of potential vulnerability. This adds a dimension of agency to the term ‘vulnerability’ that is missing from a label like ‘disadvantaged’, which tends to convey a degree of powerlessness and fixity in terms of the individual’s ability to change their situation.

3.8 Intersectionality

The concept of intersectionality – in which the combination of a number of specific characteristics can lead to distinct forms of discrimination or disadvantage – is another concept that is important for equality and human rights monitoring. Yet here too, there are a number of different theoretical approaches.Intersectionality is an area of study that looks at discrimination created by combined forms of prejudice. With roots in the American anti-slavery movement, its first uses were focussed specifically on the unique experiences of black women. Then in the late 1970s and early 1980s the concept of interlinked prejudice started to find practical and wider application. In 1977 the Combahee River Collective (a black feminist lesbian organisation from Boston) released a political statement identifying simultaneous and interlocking issues of racism, sexism, and homophobia within the American progressive movement (Solanke, 2009). Around the same time a number of landmark legal cases (including DeGraffenreid v. General Motors) also demonstrated that discrimination could exist in employment that was based not just on racism or sexism, but on circumstances that were particular to black women in the workforce (Adewunmi, 2014). The anthology This Bridge Called My Back

(Moraga and Anzaldúa, 1981) illustrated how race, gender, class, and sexual orientation could all combine to create distinct experiences, perspectives, and economic consequences.Equality and Human Rights CommissionPublished: October 2017

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Against this backdrop, intersectionality (as a named field of study) was formalised in the late 1980s by Kimberlé Crenshaw, a lecturer on civil rights at the Los Angeles School of Law (Adewunmi, 2014). Over the last few decades the study of intersectionality has expanded and grown: it now includes formal perspectives, theoretical frameworks, analytical approaches, a critical process, and an approach to human rights policy. Since the 1990s the subject of intersectionality has also gained weight in international policy (Chow, 2016). Between 1991 and 1995, the United Nations went from recognising that some women were more at risk of sexual abuse and violence than others to recognising that some women face particular barriers to their empowerment (Chow, 2016). The United Nations Convention on Human Rights resolution concerning ‘Integrating the Human Rights of Women throughout the United Nations System’ adopted the term intersectionality in 2002. By 2010, intersectionality was acknowledged by the Committee on the Elimination of Discrimination against Women as a ‘basic concept for understanding the scope of the general obligations of States parties’ (Chow, 2016).Intersectionality has been used to tackle caste-based oppression of Dalit women in India, to investigate sexual violence perpetrated against Tutsi women in Rwanda, to discuss the forced sterilisation of Roma women, to critique the complexity of banning religious modes of dress in France, to explore issues of lesbian, gay, bisexual, and transgender representation in the UK Government, and to warn against the uneven effects of budgetary decisions on women’s organisations in London (Monro and Richardson, 2010; Vacchelli and Kathrecha, 2013; Chow, 2016). Intersectionality has become a standard mode of multi-disciplinary analysis concerned with identity and discrimination on the international stage.In modern use, intersectional analysis is often applied through one of three different approaches, namely ‘anti-categorical’, ‘intra-categorical’ or ‘inter-categorical’ analysis (McCall, 2005; Winker and Degele, 2011). Anti-categorical analysis examines the meaning of race, gender, or other categories of identity within specific contexts. Intra-categorical analysis focuses on case studies, ethnographies, and wider social research to highlight people who are heavily disadvantaged or neglected due to a combination of different forms of discrimination. Inter-categorical analysis strategically deploys categories of identity to examine relationships between them, and ways in which those relationships change over time (McCall, 2005; Winker Degele, 2011). The common thread through each of these approaches is that multiple forms of discrimination that are faced by the same individual are not treated as multiplicative, additive, or even necessarily additional. Each intersection is seen as its own case. Equality and Human Rights CommissionPublished: October 2017

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Each form of discrimination beyond the first does must be managed simultaneously. The specific and collective circumstances of discrimination, privilege, identity, and context are not simplified or exhaustively listed. In all cases, intersectionality aims to study disadvantaged groups and individuals in a way that respects their unique experiences (Adewunmi, 2014; Chow, 2016).Based on this theory of intersectinality, which acknowledges that the reality of human life is far more complex and nuanced than any one category could grasp, we have developed our own definition of intersectionality which allows us to apply the concept practically to equality and human rights monitoring:

Intersectionality is an analytical tool that we use for the purpose of equality and human rights monitoring to show the distinct forms of harm, abuse, discrimination and disadvantage experienced by people when multiple categories of social identity interact with each other.

The definition has three elements:1) It is an analytical tool that builds on the theoretical foundations of

intersectionality, and helps us to practically apply the concept to equality and human rights monitoring

2) It acknowledges that everyone belongs to multiple categories and is affected by/engaged in different sectors and settings

3) It identifies distinct forms of harm, abuse, discrimination and disadvantage that we would be unable to detect using any of the categories above on its own.

Chapter 4 sets out in more detail our practical approaches to gathering and analysing evidence across the domains and indicators, using the approach to intersectionality and definition of people who are at higher risk that are set out in this chapter.In Chapter 5, we demonstrate how the capability approach to measuring and monitoring equality and human rights will be used in practice with the full set of domains and the indicators that sit within it.


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Measurement Framework for Equality and Human Rights Evidence collection and analysis

4 | Evidence collection and analysis

4.1 Five components of evidence collection and analysis

The Measurement Framework aims to monitor systematically the position of certain groups in relation to equality and human rights, using disaggregated data. The collection and analysis of evidence has five specific components (see Figure 4.1):

Protected characteristics

Socio-economic group

Geographical analysis

People at higher risk of harm, abuse, discrimination or disadvantage, and

Intersectionality.


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Figure 4.1: Five components of evidence collection and analysis


One of the five components of our evidence collection and analysis relates to the protected characteristics, as defined in the Equality Act 2010, and including the specific subgroups that are contained within them:

Age: refers to a person of a particular age (for example 32-year-olds) or belonging to a particular age group, for example 16–24-year-olds. In our own statistical data analysis, we would usually report on age groups (for example 16–24 years, 25–34 years and so on up to 65–74 and 75 or over for adults).

Disability: a person has a disability if she or he has a physical or mental impairment which has a substantial and long-term adverse effect on that person's ability to carry out normal day-to-day activities. For our own evidence collection and analysis, we disaggregate the population into disabled and non-


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CountryUrban, Town, Rural

RegionalLocal authorities

CarersHomelessResident or detained in prison, youth custody, or health and social care settingsIn immigration detentionRefugees, asylum-seekers or undocumented, forced, smuggled or traffickedmigrants

NS-SEC classesReceiving free school meals

AgeDisabilityGender reassignmentMarriage/ civil partnershipPregnancy/ maternityReligion or beliefRace SexSexual orientation




People at higher risk of harm, abuse, discrimination

or disadvantage because they

are...

Intersectionality



disabled people, and then further into disabled people with specific impairments. Where data allows, we use ONS harmonised categories to report separately on the following impairment categories: Vision, Hearing, Mobility, Dexterity, Learning or understanding or concentrating, Memory, Mental health condition, Stamina or breathing or fatigue, Social or behavioural and Other impairment. Disabled people with more than one type of impairment will be counted within each relevant category.

Gender reassignment: a person has the protected characteristic of gender reassignment if the person is proposing to undergo, is undergoing or has undergone a process (or part of a process) for the purpose of reassigning the person's sex by changing physiological or other attributes of sex. Due to the fact that survey and administrative data collected by government departments do not capture gender reassignment, for our own evidence collection we use other qualitative and quantitative evidence to shed light on the experiences of transgender people in Britain.

Marriage and civil partnership: refers to the legal status of being married or being a civil partner. For our own statistical analysis, we try to use data where the population is disaggregated into those who are single (that is never married or in a civil partnership), currently married or in a civil partnership, or previously married or in a civil partnership. Since this characteristic refers to legal status, the data we use would not usually include cohabiting couples who are not married or in a civil partnership with each other.

Pregnancy and maternity: Pregnancy is the condition of being pregnant. Maternity refers to the period after the birth, and is linked to maternity leave in the employment context. In the non-work context, protection against maternity discrimination is for 26 weeks after giving birth, and this includes treating a woman unfavourably because she is breastfeeding. In our evidence collection, we often note that only few sources provide data on whether women are pregnant or have a young baby and this information is not routinely collected in official surveys.

Race: refers to a group of people defined by their race, colour, nationality (including citizenship) or ethnic or national origins. Data used in monitoring is preferably based on ONS harmonised questions for ethnicity and in our own statistical analysis this characteristic will be referred to as ‘Ethnicity’. Wherever possible, comparisons should be made between a White British group (including white people from England, Wales, Scotland, and/ or Britain) and ethnic minorities. The latter should ideally include as many as possible of


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the following: White minorities, such as Irish, Gypsy and Traveller; Asian, such as Indian, Pakistani, Bangladeshi and Chinese people; Black, such as African and Caribbean people; and other people not separately identified.

Religion or belief: religion has the meaning usually given to it and includes lack of religion, and belief includes religious and philosophical beliefs (such as humanism) and includes lack of belief. Generally, a belief should affect one’s life choices or the way that one lives for it to be included in the definition. Data used in monitoring cover affiliation to specified religions or to no religion, and should be disaggregated where possible to include: No religion, Christian, Buddhist, Hindu, Jewish, Muslim, Sikh and Other religion. Since data are not routinely collected on non-religious beliefs which would fall within this protected characteristic, in the statistical analysis this characteristic will be referred to as ‘Religion’.

Sex: refers to a man or a woman. In the survey data we use for our own statistical analysis, this characteristic is self-defined and allows transgender people to self-identify according to their gender and not their biological sex. Therefore, this characteristic is referred to as ‘Gender’ in our data tables.

Sexual orientation: whether a person's sexual attraction is towards their own sex, the opposite sex or to both sexes. Data used in monitoring allows people to self-define as belonging to one of the following categories: Heterosexual or straight; Gay or Lesbian; Bisexual; Other.


Another important component of evidence collection and analysis involves monitoring the position of people from different socio-economic groups.For adults, socio-economic group is based on the National Statistician’s Socio-Economic Classification (NS-SEC). This is based on current or former occupation, plus those who have never worked or are long-term unemployed. Ideally, eight categories are identified:

1. Higher managerial and professional occupations2. Lower managerial and professional occupations3. Intermediate occupations (clerical, sales, service)4. Small employers and own account workers5. Lower supervisory and technical occupations6. Semi-routine occupations7. Routine occupations8. Never worked or long-term unemployed


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Where necessary, these may be combined into fewer categories, usually either six or four as appropriate. Alternative, proxy classifications may also be used where NS-SEC is not available.For children, socio-economic group can be identified from adults in the family, where such data are available. In an educational context, free school meals may be taken as a proxy to identify those children coming from families with low-paid or no employment.


Geographical analysis is also an important component of evidence collection and analysis. A key element of the analysis is at a country level: as our remit covers Britain, this will be England, Scotland and Wales. Where possible, England may also be broken down into nine regions (formerly Government Office Regions): North East, North West, Yorkshire and the Humber, East Midlands, West Midlands, East of England, London, South East and South West.In addition, we consider analysis that is disaggregated by the 2011 Rural–Urban classification for small geographies. This is used to classify small areas according to size and the sparsity of the settlement they are part of, and this classification can then be applied to any data that can be matched to the same areas. Data used in monitoring is generally based on three categories: Urban; Town and fringe; Village, hamlet, and isolated dwelling. For our own reporting purposes, it is generally not possible to consider the large number of local authority areas, although other users may choose to apply this Measurement Framework to smaller areas.

People at higher risk of harm, abuse, discrimination or disadvantage

As we set out in chapter 2, our definition of people at higher risk is:

An individual can be at higher risk of harm, abuse, discrimination or disadvantage if they face adverse external conditions and/or have difficulty coping due to individual circumstances.

Our approach to gathering and analysing evidence against the indicators in the Measurement Framework – systematically covering different sectors and protected characteristics, socio-economic groups, geographical analysis, and some forms of intersectionality – will capture many conditions and circumstances that place people at risk of harm, abuse, discrimination or disadvantage according to this definition. For example, our lens on protected characteristics will prompt us to search for evidence Equality and Human Rights CommissionPublished: October 2017

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of the experiences of Gypsies, Roma and Travellers in a wide range of settings and circumstances under the protected characteristic of ‘race’. Similarly, experiences of disabled children will be identified in the Education domain; lesbian, gay, bisexual and transgender people’s experiences of hate crime will be captured in the Justice and personal security domain. Our intersectional analysis will also identify individuals who experience multiple forms of discrimination which would render them at higher risk of harm, abuse, discrimination or disadvantage according to our definition (see section on intersectionality below). However, there are some people whose unfair treatment or even exploitation may not be detected by applying our other analytical lenses, as it is difficult to get reliable data about their position and experiences through conventional sources. We have used our definition to identify five further groups that should be separately reported on as their experiences might otherwise remain undetected (see Table 4.1).Table 4.1: People at higher risk of harm, abuse, discrimination or disadvantage

People at higher risk of harm, abuse, discrimination or disadvantage

External conditions Individual circumstances

Carers Children and adults who provide regular unpaid personal help for a friend or family member with a long-term illness, health problem or disability

Insufficient financial or other support from the state and public authorities

Lack of resources (including financial resources and, supportive networks); Physical or mental impairments; Disengagement from education (children) or employment (adults); Multiple caring responsibilities; Unemployment

People who are homeless People who have already lost, or have been threatened with or are at risk of losing, their homes, or whose housing is unfit for occupation.

Insufficient support from local authority; Insufficient suitable housing; Insufficient income from employment to meet housing costs

Lack of resources (including financial resources and supportive networks); Poor mental health; Unemployment; Discriminatory attitudes and stigma

People who are resident or detained In prison, youth custody, or health and social care settings

Deprivation of liberty; Lack of access to good quality healthcare; System failures to protect individuals from harm or abuse; Poor treatment of those in detention

Lack of personal resource (including lack of a supportive network); Poor mental health; Disadvantaged positions within the system


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People in immigration detention

Deprivation of liberty, and for an unspecified length of time; Unclear immigrations status; Imbalance of power between individuals and those who run and work in the centres; System failures to protect individuals from harm or abuse; Discriminatory attitudes and stigma

Lack of familiarity with the country or the language, or not speaking English; Having no support network; Fear of the future and what it will hold or where they will be

Refugees and asylum seekers, and migrants who have been trafficked, smuggled or who are undocumented

No resource to public funds; Criminal exploitation; Labour exploitation; Discriminatory attitudes and negative stigma

Lack of personal resources, including financial resources and support networks; Poor mental health

Intersectional analysis

It is important to acknowledge that analysing each of the categories mentioned above on its own would still not provide an accurate picture of how people’s rights are respected, protected and fulfilled. This is where the concept of intersectionality helps us (see section 3.8 for brief overview of the history and theory of intersectionality). We have developed our own definition of intersectionality which allows us to apply the concept practically to equality and human rights monitoring. Our definition of intersectionality is:

Intersectionality is an analytical tool that we use for the purpose of equality and human rights monitoring to show distinct forms of harm, abuse, discrimination and disadvantage experienced by people when multiple categories of social identity interact with each other.

Examples of distinct forms of harm, abuse, discrimination and disadvantage that we may detect with this approach are:

Low rate of employment for Black, Bangladeshi, and Mixed ethnicity women. Social exclusion of older lesbians and gay men in care homes High rate of suicide among white, middle-aged men


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In order to analyse these kinds of issues we utilise inter-categorical analysis in our quantitative research and intra-categorical analysis in our qualitative research (see section 4.2 below).

4.2 Qualitative and quantitative data

We draw on a range of qualitative and quantitative sources to analyse the equality and human rights standards that are in place (structure), the efforts taken by the State to meet the obligations that flow from these standards (process), and the position and experience of people on the ground (outcome): see Table 4.2.

Table 4.2: Qualitative and quantitative sources used for structure, process and outcome analysis

Structure Process OutcomeQualitative sources

Identification of the relevant international and regional human rights standards in the ECHR and UN treaties

Legislation Latest principles

established in case law

Evaluations and review of public policies

Parliamentary inquiries and reports

Independent inquiries and investigations

Outcomes of inspections, regulations and complaints procedures

Complaints handled by relevant ombudsmen

Reports by think tanks, NGOs and academia

Observations and conclusions from regulators, inspectors, parliamentary committees, human rights monitoring bodies

Published reports by NGOs, think tanks, academics

Key allegations by private individuals and civil society organisations

Reports in the media

Quantitative sources

Usually not relevant. Government budget decisions

Public Expenditure Statistical Analyses (PESA)

Other reports on public resource allocation and expenditure

Quantitative evidence published by others

Our own statistical analysis of survey and administrative data, collected by public bodies


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Our own statistical analysis of administrative and survey data, collected by public bodies

We ensure that the qualitative and quantitative data we include in our analysis is robust and fit for purpose:

Sources must be referenced and verifiable. The methodology must be clearly presented and robust, setting out how data

was analysed and any limitations. Findings need to be based on a clear set of criteria or a clear assessment

approach. The author must be objective. The evidence should point to an underlying systemic issue, rather than

illustrating individual, random, anecdotal or ad hoc facts. In some cases where evidence is scarce, for example for people at higher risk

of harm, abuse, discrimination or disadvantage, we consider alternative sources, but only if the issues highlighted are raised by more than one source and supported by more than just opinion.

Secondary statistical data analysis of survey and administrative dataWhen choosing to do our own or to commission secondary statistical data analysis of survey and administrative data collected by public bodies, the following criteria are important:

Data should come from official statistics or major academic studies (for example, national surveys and administrative data, such as educational statistics and recorded crime data).

Data should be available and easily accessible. The process of obtaining data can be lengthy, especially if data are classed as sensitive, for example on sexual identity.

Analysis of change over time should be possible (so data are collected reasonably frequently), allowing for monitoring; it may be necessary to pool years of data, for example for smaller samples such as when looking at Scotland or Wales, or when looking at some protected groups, such as ethnic minorities.


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Continuity should be provided, not only in the provision of data but in continuity of definitions (for example, of disability) or question wording (if data are survey-based).

There should be good geographical coverage, preferably including Britain, England, Scotland and Wales, from one source. Failing that, country-specific data that is comparable is preferred, but not always available. In addition, data for the English Regions and/ or disaggregated into the Rural-Urban categories.

It should be possible to disaggregate according to as many as possible of the nine protected characteristics set out in the Equality Act (age, disability, gender reassignment, race, religion or belief, sex, sexual orientation, pregnancy and maternity, marriage and civil partnership).

Further, it should be possible to disaggregate disability data into categories of impairment type.

Although it is not one of the protected characteristics, we also aim to cover socio-economic group/ social class, as it is a crucial characteristic that impacts upon life opportunities across all domains.

Data should be subject to the standard statistical requirements of accuracy, reliability and validity.

Statistical tests that are used to evaluate statistically significant differences for each measure depend on the form of the measure involved (percentage, mean, median, rate or count) and the underlying form of the dependent variable involved (binary, continuous or integer).Statistical analysis includes cross-sectional analysis for two or more time periods, with comparisons between groups in each time period, plus change over time within groups. Where suitable microdata are available from the data source, intersectional analysis will also be carried out using appropriate regression models using data on protected characteristics, socio-economic group and geographic areas as independent variables, and including selected interaction terms. In all cases, the analysis will adjust (where it is possible and where it is relevant) for any complex survey design. The latter adjustment is not needed where administrative data provides the data source.The appropriate regression models used for intersectional analysis are as follows:

Analysis for percentages: where the outcome is binary and the measure is a percentage, the data are analysed using a logistic regression model.


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Analysis for means: where the outcome is continuous and the measure is a mean, the analysis is based on a linear regression model instead of a logistic regression model.

Analysis for medians: Where the outcome is continuous and the measure is a median, for example regarding employee pay, the analysis is based on a median regression model instead of a logistic regression model.

Analysis for rates: where the outcome is a rate calculated from a number of events (an integer) and a population estimate, standard errors are estimated assuming a Poisson distribution, and a log-linear regression model is used instead of a logistic regression model, with an offset of the natural log of the population to adjust for differences in population sizes.

Analysis for counts: where the outcome is simply a number of events (an integer), standard errors are estimated assuming a Poisson distribution.

In chapter 5, we introduce the specific domains and indicators that the Measurement Framework uses.


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Measurement Framework for Equality and Human Rights Domains and indicators

5 | Domains and indicators

Building on the theoretical concepts discussed in chapter 3, and mindful of our approach to evidence collection and analysis set out in chapter 4, this chapter sets out the domains and indicators that we will monitor through our Measurement Framework. The Measurement Framework has six domains, which reflect the things or areas in life that are important to people and enable them to flourish: Education, Work, Living standards, Health, Justice and personal security, and Participation. For each domain in this chapter, there is a table outlining the relevant capabilities, how this translates into ‘the future we want’ and which indicators and topics we will use to measure progress. Across the six domains, there are 25 indicators, of which 18 are core indicators and 7 are supplementary. For each indicator, there is a rationale of why it is included and the key structure, process and outcome evidence that we will use. It should be noted that the process evidence, which we use to monitor how the State is implementing equality and human rights standards in Britain, is subject to a lot of changes over the years as new policies, strategies, action plan and regulations come into place. We have therefore provided examples of process evidence for each indicator that are indicative of the current situation but we have not provided a comprehensive list or full bibliographical references.Across the 25 indicators, there are 50 statistical measures for which we will do our own secondary analysis, using survey and administrative data. These statistical measures can either be process evidence (if they give an indication of how standards are implemented by the State, for example waiting times for mental health treatment) or outcome evidence (if they give an indication of what people experience, for example self-reported mental health). Each statistical measure has a code which indicates where they belong, for example ‘LST.PVT.1A’ is a statistical measure that sits in the Living standards domain (LST) under the Poverty indicator (PVT), it is the first statistical measure (1) under this indicator, is called ‘Percentage living in households below 60% of contemporary median income after housing costs’ and is available for adults (A).


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Measurement Framework for Equality and Human Rights Domains and indicators

For each statistical measure, we indicate the data sources we expect to use and the protected characteristics for which we believe data should be available. For various reasons, either of these may differ in each published analysis. For example, the data sources we list may become unavailable, or new data sources may replace old sources or provide better information. In terms of the protected characteristics, our analysis may not always be able to include all the characteristics listed: The information may not have been released or be accessible; the quality of the data may not be sufficient; the sample may not be large enough, even after combining several years’ data; or the data may cease being collected. In instances where the data sources are developed or expanded over the years, we may also include additional characteristics as these become available. For all measures we will also include socio-economic group and geographic breakdowns, where possible relating to English regions and urban / rural classifications.


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Measurement Framework for Equality and Human Rights Education domain

5.1 Education

Table 5.1: Education

Capabilities – the central and valuable freedoms and opportunities

Outcomes10 - the future we want Indicators11 – how we measure progress

Topics

To be knowledgeable, to understand and reason, and to have the skills and opportunity to participate in parenting, the labour market and in society.

Every person should be capable of: Attaining the highest possible

standard of knowledge, understanding and reasoning

Being fulfilled and stimulated intellectually, including being creative if they wish

Developing the skills necessary for parenting and for participating in the labour market

Learning about a range of cultures and beliefs and acquiring the skills to participate in a diverse society

People’s right to education is respected, protected and fulfilled

People are free from discrimination and abuse in education

All children have the opportunity to reach their full potential through education, irrespective of their disability status, race, religion/belief, sex, sexual orientation or socio-economic group

Social exclusion, bias, stereotyping and bullying have no place in the education system

No child is unfairly excluded from school.

All young people are in education, employment or training

A person’s age, disability, race, religion/belief, sex, sexual orientation or socio-economic group has no bearing on their ability to attend higher education and do well

Educational attainment of children and young people

Early years education

Attainment at school-leaving age

Impact of gender bias and stereotyping on educational attainment

Impact of poverty and social exclusion on educational attainment

School exclusions, bullying and NEET (not in education, employment or training)

Exclusions from school

Bullying in schools NEET

Higher education and lifelong learning

Higher education, including subject choice, attainment,

10 Section 12(1)(b), Equality Act 2006.11 Section 12(1)(c), Equality Act 2006.Equality and Human Rights Commission

Published: October 2017 65



Accessing education, training and lifelong learning that meet their needs

Developing the skills to access information and technology necessary to participate in society

Every person has a meaningful opportunity for lifelong learning

degree-level qualifications

Lifelong learning

Equality and Human Rights Commission




Educational attainment of children and young people (CORE INDICATOR)

RATIONALE

The educational attainment of children and young people is a key driver of their success, sense of achievement and financial well-being in later life. This indicator provides insight into the extent to which all children and young people in Britain can fulfil their right to an education, and provides an overview of the major inequalities in attainment.

TOPICS

Early years education Attainment at school-leaving age Impact of gender bias and stereotyping on educational attainment Impact of poverty and social exclusion on educational attainment

WHAT PEOPLE EXPERIENCE: THE ‘OUTCOME’Statistical outcome measures

EDU.EAT.1: Percentage with a good level of development or of literacy and numeracy in early Primary education (children aged 4-7)

England: Early years foundation stage profile results, Department for Education

Disability (including Impairment type), Ethnicity, Gender, Socio-economic group12

Scotland: Achievement of Curriculum for Excellence (CfE) Levels Return, Scottish Government

Disability, Ethnicity, Gender

Wales: Foundation phase outcomes and National Curriculum teacher assessment of core subjects at Key Stages 2 and 3, Welsh Government

Gender

EDU.EAT.2: Percentage achieving good examination results at school-leaving age or on leaving school (children)

England: Revised GCSE and equivalent results in England and Outcomes of looked after children by local authority, Department for Education

Disability (including Impairment type), Ethnicity, Gender, Looked after children, Socio-economic group

Scotland: Summary statistics for attainment, leaver destinations and healthy living, and Education

Disability (including Impairment type), Ethnicity, Gender, Looked after

12 See Section 4.1 for information on the terms used for the protected characteristics within the statistical analysis, in particular the use of ‘Ethnicity’ instead of ‘Race’ and ‘Gender’ instead of ‘Sex’.Equality and Human Rights CommissionPublished: October 2017

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outcomes for Scotland's looked after children, Scottish Government

children, Socio-economic group

Wales: Academic achievement by pupil characteristics, and Academic achievement and entitlement to free school meals, Welsh Government

Disability (including Impairment type), Ethnicity, Gender, Socio-economic group

Further topics

Topic Sources

Impact of gender bias and stereotyping on educational attainment (careers advice, subject focus, extra-curricular activity)

DfE; Scottish Government; Welsh Government; Scottish Parliament Equalities and Human Rights Committee; Scottish Qualifications Authority; House of Commons; Business, Energy and Industrial Strategy Committee; Education Committee; Sub-Committee on Education, Skills and the Economy; Scottish Survey of Literacy and Numeracy; Journal of Education and Work

Impact of poverty and social exclusion on educational attainment

DfE; Joseph Rowntree Foundation (JRF); Sutton Trust; Education Endowment Fund; Institute for Public Policy Research (IPPR); Education Policy Institute, Social Mobility Commission (SMC)

WHAT THE STANDARDS SAY: THE ‘STRUCTURE’ Right to education and training; purpose of education – HRA 1998 Protocol 1,

Article 2; CRC 28, 29; CRPD 24; ICESCR 13; CERD 5(e)(v) Compatibility with Convention rights – Scotland Act 1998 29 (1) 29(2), 57(2);

Government of Wales Act 2006 108(6)(c), 81(1) Legal framework for supporting children and young people in their education –

Education (Scotland) Act 2016; Education (Additional Support for Learning) (Scotland) Act 2009

Prohibits unlawful discrimination, harassment and victimisation on the basis of protected characteristics – Equality Act 2010

Duty on Ministers to consider CRC requirements – Children and Young People (Scotland) Act 2014; Rights of Children and Young Persons (Wales) Measure 2011

New powers for school staff to discipline students – Education Act (England) 2011

Changes to safeguarding and child protection; introduction of education, health and care plans – Children and Families Act 2014 (England)

Regulation of teaching and school term dates – Education (Wales) Act 2014


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Elimination of discrimination against women and girls in education – CEDAW 10

Latest principles established in case law.

HOW THE STANDARDS ARE IMPLEMENTED: THE ‘PROCESS’


Regulators Resource allocation and expenditure

England

Educational Excellence Everywhere (DfE, 2016); DfE Strategy 2015–2020: World-class Education and Care (DfE, 2016)

Ofsted; Ofqual; Office of the Independent Adjudicator

Budget announcements;Office for Budget Responsibility; PESA; Cumulative impact assessment of welfare reforms

Scotland

Delivering Excellence and Equity in Scottish Education: A Delivery Plan for Scotland (Scottish Government, 2016); Scottish Attainment Challenge (Scottish Government, 2015)

Education Scotland; Scottish Qualifications Authority

As above; Government Expenditure and Revenue Scotland reports

WalesQualified for Life: An Education Improvement Plan (Welsh Government, 2016)

Estyn; Public Services Ombudsman for Wales

As above; Government Expenditure and Revenue Wales reports


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School exclusions, bullying and NEET (CORE INDICATOR)

RATIONALE

The constructive participation of children and young people in their education is of crucial importance to their future life chances and well-being. This indicator assesses how effectively their right to education is respected, protected and fulfilled. It looks at the likelihood of being excluded from school or left without a clear path following the completion of their compulsory schooling. It also touches on the adverse impact that bullying can have on children’s experiences of education.

TOPICS

Exclusions from school Bullying in schools NEET


EDU.EBN.1: Pupils per 1,000 subject to permanent or fixed-term exclusions (children)

England: Permanent and fixed-period exclusions in England, Department for Education

Age, Disability (including Impairment type), Ethnicity, Gender, Socio-economic group

Scotland: Summary Statistics for Schools in Scotland, Scottish Government

Age, Disability (including Impairment type), Ethnicity, Gender, Socio-economic group

Wales: Permanent and fixed-term exclusions from schools, Welsh Government

Age, Disability, Ethnicity, Gender, Socio-economic group

EDU.EBN.2: Percentage not in employment, education or training (NEET) (young people aged 16-18/19)

Great Britain: Annual Population Survey, ONS

Age, Disability (including Impairment type), Ethnicity, Gender, Marital or civil partnership status, Religion, Sexual orientation, Socio-economic group


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Further topics

Topic Sources

Prevalence of bullying in schools

Ditch the Label; Economic and Social Research Council (Next Steps project); Ofsted, National Centre for Social Research; Mencap; Stonewall / Stonewall Scotland; Young Minds; Mental Health Foundation; LGBT Youth Scotland; Equality Network; EHRC; Theatre in Education

Impact of bullying on school attainment and pupil well-being, particularly for at-risk children (for example who are LGBT, disabled, looked after and Gypsy, Roma and Traveller children)

National Institute of Economic and Social Research; NatCen Social Research; Warwick University; London University Institute of Education; Children’s Society; Time for Inclusive Education; LGBT Youth Scotland; Equality Network; Girl Guiding UK; End Violence Against Women

Drivers of high exclusion rates among at-risk children (for example those from disadvantaged socio-economic groups, Gypsy, Roma and Traveller children and children who have special educational needs or additional support needs). Impact of school exclusion on pupil attainment and life chances

DfE; Scottish Government; Welsh Government; Barnardo’s; JRF; Sutton Trust; Education Endowment Fund; Education Policy Institute; SMC; Time for Inclusive Education; LGBT Youth Scotland; Equality Network, National Foundation for Educational Research (NFER)

Drivers of NEET status and associated equality issues; impact of government reform of further education

Scottish Government; House of Commons Library; NFER

WHAT THE STANDARDS SAY: THE ‘STRUCTURE’ Right to education and training; purpose of education – HRA 1998 Protocol 1,

Article 2; CRC 28, 29; CRPD 24; ICESCR 13; CERD 5ev Prohibits unlawful discrimination, harassment and victimisation on the basis of

protected characteristics – Equality Act 2010 Changes to safeguarding and child protection; introduction of education,

health and care plans – Children and Families Act 2014 (England) New powers for school staff to discipline students – Education Act (England)

2011 Compatibility with Convention rights – Scotland Act 1998 29 (1, 2), 57 (2);

Government of Wales Act 2006 108(6)(c), 81(1) Legal framework for supporting children and young people in their education –

Education (Additional Support for Learning) (Scotland) Act 2009


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Regulation of teaching and school term dates – Education (Wales) Act 2014 Requirement on local authorities to safeguard and promote the well-being and

educational achievement of looked after children – Social Services and Well-being Act (Wales) 2014

Elimination of discrimination against women and girls in education – CEDAW 10





England

Educational Excellence Everywhere (DfE, 2016); DfE Strategy 2015–2020: World-class Education and Care (DfE, 2016); School Admissions Code (DfE, 2014)

Ofsted; Ofqual; Office of the Independent Adjudicator; Youth Justice Board for England and Wales


Scotland

Delivering Excellence and Equity in Scottish Education: A Delivery Plan for Scotland (Scottish Government, 2016); Curriculum for Excellence (Scottish Government, 2004)

Education Scotland; Scottish Qualifications Authority

As above; Government Expenditure and Revenue Scotland reports

Wales

Qualified for Life: An Education Improvement Plan (Welsh Government, 2016); School Admissions Code (DfE, 2014)

Estyn; Public Services Ombudsman for Wales; Youth Justice Board for England and Wales

As above; Government Expenditure and Revenue Wales reports


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Higher education and lifelong learning (CORE INDICATOR)

RATIONALE

In adulthood, educational attainment has a major impact on vocational success, as well as personal fulfilment and well-being. This indicator assesses educational inequalities in the adult population and highlights potential barriers to the full exercise of educational rights in Britain.

TOPICS

Higher education, including subject choice, attainment, degree-level qualifications

Lifelong learning


EDU.HLL.1: Percentage with degree-level qualifications (adults aged over 25)



EDU.HLL.2: Percentage participating in learning activities in the last three months (adults)



Further topics

Topic Sources

Subject choice and attainment level in higher education and disparities (for example by gender, race, disability)

Equality Challenge Unit (ECU); Higher Education Statistics Agency (HESA); Runnymede Trust; University Alliance

Impact of poverty on access to higher education

Sutton Trust; University Alliance; National Education Opportunities Network; DfE; JRF; Sutton Trust; SMC; Poverty and Inequality


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Commission Scotland

WHAT THE STANDARDS SAY: THE ‘STRUCTURE’ Right to education – HRA 1998 Protocol 1, Article 2; CRC 28, 29; CRPD 24;

ICESCR 13; CERD 5(e)(v) Prohibits unlawful discrimination, harassment and victimisation on the basis of

protected characteristics – Equality Act 2010 Increased choice, transparency and control for students; alternative payments

to students in higher or further education – Higher Education and Research Act 2017

Changes to university funding including the introduction of top-up fees – Higher Education Act 2004

Reform of governance of further education institutions and higher education institutions, including regionalisation of colleges – Post-16 Education Scotland Act 2013

Compatibility with Convention rights – Scotland Act 1998; Government of Wales Act 2006 108(6)(c), 81(1)





England

Educational Excellence Everywhere (DfE, 2016); DfE Strategy 2015–2020: World-class Education and Care (DfE, 2016); Post-16 Skills Plan (DfE, 2016)

Higher Education Funding Council for England (Hefce); Ofqual; Office of the Independent Adjudicator; Office for Fair Access


Scotland

Delivering Excellence and Equity in Scottish Education: A Delivery Plan for Scotland (Scottish Government, 2016); A Blueprint for Fairness (Commission on Widening Access, 2016)

HM Inspectorate of Education; Scottish Qualifications Authority; Scottish Funding Council; Poverty and Inequality Commission Scotland

As above; Government expenditure and revenue Scotland reports

Wales Qualified for Life: An Education Improvement Plan (Welsh Government, 2016); Youth Engagement and Progression Framework (Welsh

Estyn; Higher Education Funding Council for Wales (HEFCW); Public Services

As above; Government expenditure and revenue Wales reports


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Government, 2015); For Our Future – The 21st Century Higher Education Strategy and Plan for Wales (Welsh Government, 2009)

Ombudsman for Wales


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Measurement Framework for Equality and Human Rights Work domain

5.2 Work

Table 5.2: Work


Outcomes13 - the future we want

Indicators14 – how we measure progress

Topics

To work in just and favourable conditions, to have the value of your work recognised, even if unpaid, to not be prevented from working, and to be free from slavery, forced labour and other forms of exploitation.

Every person should be capable of: Having a decent paid job,

with support where necessary

Doing something useful and having the value of their work recognised even if unpaid

Having rest and leisure, including holidays, and respite from caring responsibilities

People’s rights to decent work and to be free from discrimination are respected, protected and fulfilled

People are free from discrimination, harassment and victimisation in employment

Everyone has the right to a free choice of profession

No one is prevented from working in a particular occupation without good reason

People are paid the same for the same, or similar, work

Working environments are as safe and healthy as possible

There is no place for

Employment Employment, including self-employment, part-time, fixed-term, temporary and casual employment, zero-hour contracts, and flexible working

Unemployment and economic activity

Unfair treatment, bullying and harassment in the workplace

Earnings Pay gaps in median hourly earnings

Low pay Gender differences by industry,

occupation, region and sectorOccupational segregation Vertical and horizontal

segregation, including in senior management and on boards

Segregation within apprenticeships

Forced labour and trafficking Adults trafficked for domestic servitude and other forms of





Working in just and favourable conditions, including health and safety, fair hours, and freedom from harassment and discrimination

Not being forced to work in a particular occupation or without pay

Not being prevented from working in a particular occupation without good reason

Being free from slavery, forced labour and other forms of exploitation

forced labour, slavery or other forms of exploitation

exploitation Victims of trafficking referred to

the National Referral Mechanism





Employment (CORE INDICATOR)

RATIONALE

Employment, including differences between employment rates and the extent of unemployment and self-employment, is a good indicator to assess how people’s rights to work of free choice and being able to earn a living are respected, protected and fulfilled in Britain. The indicator also looks at casualisation of labour and discrimination in employment to assess the right of all workers to have decent work and be free from discrimination in employment.

TOPICS

Employment, including self-employment, part-time, fixed-term, temporary and casual employment, zero hour contracts, and flexible working

Unemployment and economic activity Unfair treatment, bullying and harassment in the workplace

WHAT PEOPLE EXPERIENCE: THE ‘OUTCOME’

Statistical outcome measures

WRK.EMP.1: Employment rate (adults)



WRK.EMP.2: Unemployment rate (adults)



WRK.EMP.3: Percentage employed in jobs classed as insecure* (adults)

Great Britain: Annual Population Survey, ONS Age, Disability (including Impairment type), Ethnicity, Gender, Marital or civil partnership status, Religion, Sexual orientation, Socio-economic


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group

* ‘insecure employment’ refers to agency work (including permanent agency work), casual, seasonal, and other temporary work; employees on zero-hours contracts or on-call working; self-employed workers in SOC 6, 8 or 9

Further topics

Topic Sources

Extent of unemployment and economic activity and characteristics of unemployed and inactive people, including those aged 65

Labour Force Survey analysis of employment rates; unemployment rates and economic activity rates; House of Commons Library briefing papers; House of Commons/ Lords/ all-party select committees; Department for Business, Energy and Industrial Strategy (DBEIS); Scottish and Welsh Government publications; Scottish Parliament briefings; Institute of Fiscal Studies; Institute for Employment Studies; new academic research on employment, unemployment and economic inactivity

Extent of self-employment and characteristics of self-employed people, including those aged over 65

Labour Force Survey analysis of self-employment rates; House of Commons Library briefing papers; House of Commons/ Lords/ all-party select committees; DBEIS; Scottish and Welsh Government publications; Resolution Foundation; new academic research on self-employment

Extent of part-time, fixed-term, temporary and casual employment and characteristics of part-time, fixed-term, temporary and casual employees; extent of employment that is on zero-hours contracts by occupation, supplemented by qualitative information on the detrimental aspects of some forms of temporary, short-term and casual employment and zero-hours contracts, including

Labour Force Survey analysis of part-time, fixed-term, temporary, casual employment and zero-hours contracts; House of Commons Library briefing papers; House of Commons/ Lords/all-party select committees; DBEIS; Scottish and Welsh Government publications; Scottish Parliament briefings; Institute for Employment Studies; Resolution Foundation; JRF; Trades Union Congress (TUC); Scottish Trades Union Congress; new academic research on part-time, fixed-term, temporary and casual employment, particularly qualitative research to assess why some forms of these can disadvantage particular people


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greater job insecurity, low pay and poorer employment rights (includes those aged 65)

Extent and types of flexible working and characteristics of flexible workers

Labour Force Survey analysis of different types of flexible working; House of Commons Library briefing papers; House of Commons/ Lords/all-party select committees; DBEIS; Scottish and Welsh Government, including Fourth Work–Life Balance Survey; Institute for Employment Studies; new academic research on flexible working

Unfair treatment in the workplace

EHRC inquiry on pregnancy and maternity discrimination; DBEIS; Welsh Government publications; employment tribunal statistics on cases taken and outcome; Scottish Household Survey; any new research by other organisations or academics, particularly qualitative research to assess the impact of unfair treatment

Bullying in the workplaceDBEIS; Welsh Government; any new research by other organisations or academics, particularly qualitative research to assess the impact of bullying

Harassment in the workplace

DBEIS; Scottish and Welsh Government publications; any new research by other organisations or academics, particularly qualitative research to assess the impact of harassment

WHAT THE STANDARDS SAY: THE ‘STRUCTURE’ Right to work not explicitly covered and not directly enforceable in UK courts –

HRA 1998 Prohibits unlawful discrimination, harassment and victimisation on the basis of

protected characteristics – Equality Act 2010 Compatibility with Convention rights – Scotland Act 1998 29(1), 29( 2), 57(2);

Government of Wales Act 2006 108(6)(c), 81(1) Right to same employment opportunities and to free choice of profession and

employment; prevention of discrimination against women on grounds of marriage and pregnancy – CEDAW 11(b), 11(c), 11(2)

Right to work and free choice of employment – CERD 5(e)(i) Right of persons with disabilities to work on equal basis with others – CRPD

27 Right to work of free choice and being able to earn a living; right of all workers

to have decent work; right for all workers to have safe and healthy working conditions – ICESCR 6, 7(a), 7(b)


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Employment rights of workers and employees set out, including in terms of maternity rights, rights to time off work and right not to be unfairly dismissed – Employment Rights Act 1996

Exploitation of flexible working arrangements by employers restricted – Small Business, Enterprise and Employment Act 2015

Employee can make a flexible working application for any reason – Flexible Working Regulations 2014





Britain

Work Programme (to 2016); Access to Work; Work Choice (to 2016); Work and Health Programme (from 2017); Right to request flexible working; Agency Workers Regulations; zero-hours employment contracts; workplace bullying and harassment

Health and Safety Executive; Employment Agency Standards Inspectorate; Acas; Director of Labour Market Enforcement; Employment Agency Standards Inspectorate; Low Pay Commission; Gangmasters and Labour Abuse Authority

Budget announcements;Office for Budget Responsibility;PESA;Cumulative impact assessment of welfare reforms;Government expenditure and revenue Scotland/Wales reports

ScotlandFair Work Convention; Poverty and Inequality Commission


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Earnings (CORE INDICATOR)

RATIONALE

Earnings, including the extent of pay gaps and prevalence of low pay, is a good indicator to assess how people’s rights to fair wages and remuneration for work of equal value are protected in Britain.

TOPICS

Pay gaps in median hourly earnings Low pay Gender differences by industry, occupation, region and sector


WRK.ERN.1: Median hourly employee earnings, including overtime (adults)



Further topics

Topic Sources

Extent of low pay, including characteristics of low paid and those earning below the living wage and National Minimum Wage

Labour Force Survey analysis of numbers/proportions paid below the National Minimum Wage and National Living Wage; House of Commons Library briefing papers; House of Commons/ Lords/ all-party select committees; DBEIS; Scottish and Welsh Government publications; JRF, Low Pay Commission; EHRC ‘Measuring Up?’ reports; new academic research on low pay

Gender differences in median hourly and weekly earnings by industry, occupation, region and sector

Annual Survey of Hours and Earnings analyses of median earnings (published data); House of Commons Library briefing papers; House of Commons/ Lords/ all-party select committees; DBEIS; Scottish and Welsh Government publications; Scottish Parliament briefings;


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EHRC; Institute for Fiscal Studies; new academic research on gender pay gaps



protected characteristics – Equality Act 2010 Requirement on specific public bodies with 20 or more employees to publish

their gender pay gap every two years, and an equal pay statement, including occupational segregation information in relation to gender, ethnicity and race every four years – Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012

Requirement on listed authorities to publish an equality objective in relation to addressing any gender pay difference identified or publish reasons why it has not done so and to publish an action plan in respect of any gender pay difference – The Equality Act 2010 (Specific Duties) (Wales) Regulations 2011

Requirement to produce a procurement strategy on the payment of a living wage and defines a living wage - Procurement Reform (Scotland) Act 2014

Compatibility with Convention rights – Scotland Act 1998 29(1), 29( 2), 57(2); Government of Wales Act 2006 108(6)(c), 81(1)

Right to equal remuneration in respect of work of equal value – CEDAW 11(d) Right to equal pay for equal work and to just and favourable renumeration –

CERD 5(e)(i) Right of persons with disabilities to work on equal basis with others – CRPD

27 Equal right of men and women to enjoy economic, social and cultural rights;

Right to fair wages and equal remuneration for work of equal value – ICESCR 3; 7(a)(i)

Right not to suffer unauthorised deductions from wages – Employment Rights Act 1996 12

Minimum wage for workers of at least shool leaving age provided – National Minimum Wage Act 1998

Requirement on large private sector employers to publish gender pay gap information under section 78 of Equality Act 2010. Also provides for deterrents to stop employers infringing national minimum wage legislation – Small Business, Enterprise and Employment Act 2015 147, 152

Private and voluntary-sector organsiations with 250 or more employees must publish gender pay gap calculations on an annual basis – (Gender Pay Gap Information) Regulations 2017

Rate of the national minimum wage set out – National Minimum Wage Regulations 2015



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BritainMandatory gender pay gap reporting; National Living Wage

England: Living Wage Commission Great Britain: Low Pay CommissionScotland: Scottish Living Wage AccreditationWales: Cynnal Cymru (Sustain Wales)

Budget announcements;Office for Budget Responsibility;PESA; Cumulative impact assessment of welfare reforms;Government expenditure and revenue Scotland/Wales reports


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Occupational segregation (CORE INDICATOR)

RATIONALE

Occupational segregation, including the extent of both vertical and horizontal segregation, is a good indicator to assess how people’s rights to free choice of profession and employment are protected in Britain.

TOPICS

Vertical and horizontal segregation, including in senior management and on boards

Segregation within apprenticeships


WRK.OCS.1: Percentage employed in high-paid occupations* (adults)



*Managerial and professional occupations, SOC 1 & 2

WRK.OCS.2: Percentage employed in low-paid occupations* (adults)



*Caring, leisure and other service occupations; sales and customer service occupations; and elementary occupations, SOC 6, 8 & 9

Further topics

Topic Sources

Extent of vertical and horizontal occupational segregation, including in

Labour Force Survey analysis of numbers and proportions of employees in occupational groups; House of Commons/ Lords/ all-party select committees; DBEIS; Scottish and


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senior management and on boards

Welsh Government publications; EHRC inquiry into board appointments in FTSE 350 companies; research by other organisations (for example Cranfield University) on FTSE companies; new academic research on horizontal and vertical occupational segregation or senior management/ boards

Segregation within apprenticeships, including under-representation of ethnic minority and young disabled people

Analysis of apprenticeship data published by Education and Skills Funding Agency (ESFA) and Skills Development Scotland; House of Commons Library briefing papers; House of Commons/ Lords/ all-party select committees; DBEIS; Scottish and Welsh Government publications; SMC; Skills Development Scotland; Institute for Employment Studies; new academic research on apprenticeships



protected characteristics – Equality Act 2010 Requirement on public bodies to collect and use data on recruitment,

development and progression by protected characteristic, including reporting on gender pay gap, and occupational segregation as it affects women, ethnic minorities and disabled people – Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012

Requirement on public bodies to supply the Scottish Government from time to time with data on the gender composition of their board – Equality Act 2010 (Specific Duties) (Scotland) Amendment Regulations 2016


Right to free choice of profession and employment – CEDAW 11(c) Right of persons with disabilities to work on an equal basis with others –

CRPD 27 Right of everyone to be promoted in his employment to an appropriate higher

level – ICESCR 7(c) Latest principles established in case law.




Britain Women on Boards: Lord Davies targets

SMC Budget announcements;Office for Budget


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Responsibility;PESA;Cumulative impact assessment of welfare reforms;Government expenditure and revenue Scotland/Wales reports

England

English Apprenticeships – our 2020 Vision; Apprenticeship Levy (2017)

ESFA

Scotland

Youth Employment Strategy; Partnerships for Change 50/50; Modern Apprenticeships

Audit Scotland

WalesApprenticeship Programme

Careers Wales


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Forced labour and trafficking (SUPPLEMENTARY INDICATOR)

RATIONALE

Forced labour and trafficking is a useful indicator to assess the extent to which people’s right to be free from slavery and forced labour is respected, protected and fulfilled.

TOPICS

Adults trafficked for domestic servitude and other forms of exploitation Victims of trafficking referred to the National Referral Mechanism


Topic Sources

Number of adults trafficked for domestic servitude and other forms of exploitation, and qualitative information on the conditions which allow trafficking to occur

National Referral Mechanism statistics; All Party Parliamentary Group on Human Trafficking and Modern Slavery; Anti-Slavery Commissioner Annual Reports; House of Commons/ Lords/ Home Office and Scottish and Welsh Government publications; JRF; new academic research on forced labour and trafficking, particularly qualitative research on the impact of being trafficked

Number of potential victims of trafficking referred to the National Referral Mechanism, including from Britain and qualitative information on the conditions which allow individuals to be potential victims of trafficking

National Referral Mechanism statistics; All Party Parliamentary Group on Human Trafficking and Modern Slavery; Anti-Slavery Commissioner Annual Reports; House of Commons/ Lords/ Home Office; Scottish and Welsh Government; JRF; new academic research on forced labour and trafficking, particularly qualitative research on the impact of being a victim of trafficking

WHAT THE STANDARDS SAY: THE ‘STRUCTURE’ Prohibition of slavery and forced labour – HRA 1998 4 Freedom from forced labour, slavery and servitude – ECHR; latest principles

established in case law Prohibition of slavery and enforced servitude – ICCPR 8 Suppression of trafficking of women – CEDAW 6 Freedom from exploitation, violence and abuse – CRPD 16 Right to identity; separation of children from parents; obligation to combat the

illicit transfer of children – CRC 8, 9, 11 Prohibition of sale of children, child prostitution and child pornography; right to

identity – CRC Optional Protocol


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Efforts to combat human trafficking based on a victim-centred approach to protection and prosecution must improve – RU Anti-Trafficking Directive 2011/36/EU

All forms of human trafficking must be prevented; victims and witnesses of trafficking to be protected; effective investigation of trafficking ensured; achievement of international co-operation against trafficking – Council of Europe Convention on Action Against Trafficking in Human Beings 2008

Anti-Slavery Commissioner established to lead and co-ordinate efforts in tackling slavery in England and Wales; legislation brought into line with the EU Anti-Trafficking Directive and the Council of Europe Convention – Modern Slavery Act 2015

Human trafficking, slavery, servitude and forced or compulsory labour addressed in Scotland – Human Trafficking and Exploitation (Scotland) Act 2015




Regulators

BritainNational Referral Mechanism; UK Government guidance on reporting on modern slavery 2015

Gangmasters Licensing Authority; UK Human Trafficking Centre; National Crime Agency; Modern Slavery Human Trafficking Unit; Anti-Slavery Commissioner

ScotlandTrafficking and Exploitation Strategy for Scotland (May 2017)

Wales Wales Anti-Slavery Leadership Group


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Measurement Framework for Equality and Human Rights Living standards domain

5.3 Living standards

Table 5.3: Living standards


Outcomes15 - the future we want People’s right to an adequate

standard of living is respected, protected and fulfilled

Everyone has an adequate standard of living, including nutrition, clothing, housing, warmth, social security, social services and utilities

All people can live as independently as possible and with dignity

Nobody lives in overcrowded accomodation

Social/ affordable housing is readily available

Those who rent have security of tenure

People have access to and control over effective and high-quality social care and support to enable independent living, including accessible housing


Topics

To enjoy an adequate standard of living, with independence and security, and to be cared for and supported when necessary.

Every person should be capable of: Enjoying an adequate and secure

standard of living, including nutrition, clothing, housing, warmth, social security, social services and utilities

Having control over personal spending

Getting the care they need Having control over how care is

provided to support independent living

Getting around inside and outside the home and enjoying their home

Poverty Adults and children living in households below 60% contemporary median income after housing costs

Social security / benefit system Child poverty and poverty of disabled

people, refugees and asylum seekers Food and fuel poverty Material deprivation

Housing Homelessness Overcrowding and suitable

accommodation Housing benefits Housing tenure Housing for Gypsies/Travellers and

disabled peopleSocial care Access to social care

Quality of social care Dignity and respect in social care Choice and control over support to





in peace and security Living with independence, dignity

and self-respect Owning property and financial

products including insurance, social security, and pensions in their own right

enable independent living, and independent advocacy

Social care funding Impact of caring on carers





Poverty (CORE INDICATOR)

RATIONALE

Poverty is one of the most commonly used indicators to measure living standards. By looking also at the social security system, food and fuel poverty, wealth and income distribution, and experiences of poverty for people who are particularly at risk of discrimination, disadvantage, harm or abuse, this is a critical indicator for assessing how rights to social security and an adequate standard of living are respected, protected and fulfilled.

TOPICS

Adults and children living in households below 60% contemporary median income after housing costs

Social security / benefit system Child poverty and poverty of disabled people, refugees and asylum seekers Food and fuel poverty Material deprivation


LST.PVT.1A and LST.PVT.1C: Percentage living in households below 60% of contemporary median income after housing costs (adults and children)

Great Britain: Family Resources Survey / Households below average income, Department for Work and Pensions

Age, Disability (including Impairment Type), Ethnicity, Gender, Marital or civil partnership status, Religion, Sexual orientation, Socio-economic group

LST.PVT.2: Percentage experiencing severe material deprivation (adults)

Great Britain: Family Resources Survey/Households below average income, Department for Work and Pensions


Further topics

Topic Sources

Social security and benefit system

House of Commons Library briefing papers; House of Commons/ Lords/ All-Party Parliamentary Group on Poverty and other


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committees; Scottish and Welsh Government; Just Fair Consortium; Institute for Fiscal Studies; JRF; Poverty and Social Exclusion; Citizens Advice Scotland; Poverty Alliance; Oxfam

Food and fuel poverty Trussell Trust; DBEIS; plus some of the aboveExperiences of poverty for disabled people, families with children/ child poverty, refugees and asylum seekers

As above plus SMC; Children’s commissioners in England, Scotland and Wales; Refugee Council; Scottish Refugee Council; Children’s Society; Child Poverty Action Group

Experiences of material deprivation

House of Commons Library briefing papers, House of Commons/ Lords/ All-Party Parliamentary Group on Poverty and other committees; Scottish and Welsh Government; Institute for Fiscal Studies; JRF; Poverty and Social Exclusion

Wealth and income distribution

Wealth and Assets Survey (ONS); ratios of household income (calculated using ONS data); Gini coefficient and Palma ratio (UK only); Family Resources Survey (DWP); Centre for Analysis of Social Exclusion (London School of Economics); Resolution Foundation; OECD; JRF

WHAT THE STANDARDS SAY: THE ‘STRUCTURE’ Not explicitly covered – engagement of HRA 1998 Articles 2, 3, 8, 14, plus

Section 6 makes it unlawful for a public authority to act in a way which is incompatible with a Convention right.




Social security – CEDAW 11(e) Right to social security and social services – CERD 5(e)(i)(v); CRC 26;

ICESCR 9 Adequate standard of living – CRC 27 Adequate food, clothing and housing – ICESCR 11 Introduction of universal credit, personal independence payments and

establishing the Social Mobility Commission and Child Poverty Commission aimed at lowering the overall welfare bill – Welfare Reform Act 2012

Introduction of benefit caps, freezes and enhanced conditionality aimed at lowering the overall welfare bill – Welfare Reform and Work Act 2016

Powers transeferred to the Scottish Government in relation to social security and employment support – Scotland Act 2016 Part III



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Britain

UK Government policy: welfare reform; Income tax rates and personal allowances

SMC

HM Treasury Public Expenditure;PESA;Budget announcements;Office for Budget Responsibility;Cumulative impact assessment of welfare reforms

England Child Poverty StrategyChildren’s Commissioner; SMC

ScotlandChild Poverty Strategy for Scotland 2014–17

Children’s Commissioner

As above; Draft budget and final budget (Scotland)

WalesTackling Poverty Action Plan; Child Poverty Strategy for Wales

Children’s Commissioner

As above; Final budget and first and second supplementary budgets (Wales)


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Housing (CORE INDICATOR)

RATIONALE

Housing conditions, including homelessness and overcrowding, housing benefits, housing tenure, and housing for Gypsies/ Travellers and disabled people, is a good indicator to assess how the right to an adequate standard of living is respected, protected and fulfilled.

TOPICS

Homelessness Overcrowding and suitable accommodation Housing benefits Housing tenure Housing for Gypsies/ Travellers and disabled people


LST.HSG.1A LST.HSG.1C: Percentage living in overcrowded accommodation (adults and children)

England: English Housing Survey, Department for Communities and Local Government

Age, Disability (including Impairment Type), Ethnicity, Gender, Marital or civil partnership status, Socio-economic group

Scotland: Scottish Household Survey/Scottish House Condition Survey, Scottish Government


LST.HSG.2: Percentage satisfied with their accommodation (adults)

England: English Housing Survey, Department for Communities and Local Government

Age, Disability (including Impairment Type), Ethnicity, Gender, Marital or civil partnership status, Socio-economic group

Scotland: Scottish Household Survey/Scottish House Condition Survey, Scottish Government


Wales: National Survey for Wales, Welsh Age, Disability (including Impairment Equality and Human Rights CommissionPublished: October 2017

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Governmenttype), Ethnicity, Gender, Marital or civil partnership status, Pregnancy, Religion, Sexual orientation

Further topics

Topic Sources

Homelessness, including its impact on specific people such as young people leaving care and asylum seekers

House of Commons Library briefing papers; Scottish and Welsh Government data and publications; Department for Work and Pensions (DWP) publications and UK Government data on homelessness; Homelessness Monitor; Just Fair Consortium, Crisis; Shelter; Homeless Link

Housing benefits and the impact of cuts on certain people, for example disabled people, those with a mental health condition

Some of above plus key legal cases

Housing tenure and the availability of social/ affordable housing; concerns or issues arising from the private rental sector

As above, plus data on tenure from Department for Communities and Local Government (DCLG), National Survey for Wales; London Fairness Commission; JRF

Gypsies and Travellers As above, plus caravan counts /total pitches by tenure in England and Wales and data collected by the Scottish Government; legal cases; the Traveller Movement; Friends, Families and Travellers

Accessible housing for disabled people

As above, plus Leonard Cheshire Disability; Scope; Habinteg Housing Association

WHAT THE STANDARDS SAY: THE ‘STRUCTURE’ Prohibits unlawful discrimination, harassment and victimisation on the basis of

protected characteristics – Equality Act 2010 Compatibility with Convention rights – Scotland Act 1998; Government of

Wales Act 2006 108(6)(c), 81(1) Duty on Ministers to consider CRC requirements – Children and Young

People (Scotland) Act 2014; Rights of Children and Young Persons (Wales) Measure 2011

Cap imposed on total household benefits – Benefit Cap (Housing Benefit) Regulations 2012

Eligibility criteria for homelessness abolished – Homelessness (Abolition of Priority Need Test) (Scotland) Order 2012


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Right to Buy and extension of the repairing standard abolished – Housing (Scotland) Act 2014

Private rental sector more strongly regulated; homelessness law reformed to focus more on prevention; enhanced provision for Gypsies and Travellers – Housing (Wales) Act 2014

Introduction of benefit caps, freezes and enhanced conditionality – Welfare Reform and Work Act 2016

Sale of higher value local authority homes and measures allowed to promote private home ownership and boost levels of housebuilding – Housing and Planning Act 2016

Power conferred on Scottish Parliament to make discretionary housing payments – Scotland Act 2016 s.25

Right to respect for private and family life – ECHR 8 Right to housing – CERD 5(e)(iii) Non-discrimination against women in economic and social spheres – CEDAW

13 Right to an adequate standard of living, including housing – CRC 27 Right to adequate standard of living; right to live independently and be

included in the community – CRPD 19 Right to adequate food, clothing and housing – ICESCR 11 Latest principles established in case law.




Britain Help to buy schemes


EnglandHomes and Communities Agency

ScotlandAdditional funding of discretionary housing payments; Housing Options

Scottish Housing Regulator


Wales Additional funding of discretionary housing payments; Supporting

Regulatory Framework for Housing Associations Registered

As above; Final budget and first and second supplementary budgets


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People in Wales (Wales)


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HEALTH DOMAIN

Social care (CORE INDICATOR)

Note: This indicator sits across the Living standards and Health domains.

RATIONALE

Access to, and control over, effective and high-quality care and support when needed, including the impact of funding levels, experience of services and the impact on carers, is a strong indicator to assess how the rights to live independently and to be free from abuse are respected, protected and fulfilled.

TOPICS

Access to social care Quality of social care Dignity and respect in social care Choice and control over support to enable independent living and

independent advocacy Social care funding Impact of caring on carers


LST.SCR.1: Percentage of social care service users treated with dignity and respect in social care (self-reported) (adults)

England: Personal social services adult social care survey, NHS Digital Age, Ethnicity, Gender, Religion

Scotland: Health and care experience survey, Scottish Government

Age, Disability (including Impairment Type), Ethnicity, Gender, Religion, Sexual orientation

Wales: National Survey for Wales, Welsh Government

Age, Disability (including Impairment type), Ethnicity, Gender, Marital or civil partnership status, Pregnancy, Religion, Sexual orientation

Further topics

Topic Sources

Impact of social care Adult social care data from NHS Personal Social Services and


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HEALTH DOMAIN

funding on the provision of services

Scottish and Welsh Governments; Association of Directors of Adult Social Services annual survey; Association of Directors for Social Services Cymru; Public Accounts Committee; Communities and Local Government Committee; Nuffield Trust; King’s Fund; Age UK; Ready for Ageing Alliance; Disability Rights UK; Mencap

Experience of those in receipt of care services

As above, plus CQC; Healthwatch England and Local Healthwatch organisations; Public Health England; Local Government Ombudsman, National Institute for Health and Care Excellence (NICE); Leonard Cheshire Disability

Availability of support for children and young people, including young people in care

As above, plus National Audit Office; Who Cares Scotland; Life Changes Trust

Impact of caring on carers

As above, plus Carers Trust

Quality of social care

Personal Social Services Adult Social Care Survey, England; Health and Care Experience Survey Scotland; National Survey for Wales; CQC; Care Inspectorate; Healthcare Improvement Scotland; Social Work Scotland; Nuffield Trust; King’s Fund; Age UK; Ready for Ageing Alliance; Disability Rights UK; Mencap

Abuse and neglectNHS Digital safeguarding referrals; serious case reviews and convictions; Action on Elder Abuse

WHAT THE STANDARDS SAY: THE ‘STRUCTURE’ Social care not explicitly covered – but can engage HRA 1998 Articles 2, 3, 8,

14, plus Section 6 makes it unlawful for a public authority to act in a way which is incompatible with a Convention right.




Right of disabled child to special care – CRC 23 Right to freedom from exploitation, violence and abuse – CRPD 16


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HEALTH DOMAIN

Right to live independently and be included in the community – CRPD 19 Personal mobility with the greatest possible independence ensured for

persons with disabilities - CRPD 20 Social welfare duty on local authorities to make arrangements to provide or

secure the provision of facilities and assistance including residential care or cash payments for people in need of assistance. Duties to assess need. Duties regarding direct payments in respect of community care services – Social Work (Scotland) Act 1968 Part 2

Framework for safeguarding the welfare and financial affairs of adults who lack capacity – Adults with Incapacity (Scotland) Act 2000 s.1, part 2, 6

Legislative backing for implementing free personal care provided in Scotland – Community Care and Health (Scotland) Act 2002

Detention, care and treatment of people with a mental disorder; procedures and safeguards for detention; community based compulsory treatment; and the right to request an assessment of needs from the local authority – Mental Health (Care and Treatment) (Scotland) Act 2003 s. 1, s. 227, part 7

Individuals who may lack the mental capacity to make their own decisions about their care and treatment protected and empowered in England and Wales – Mental Capacity Act 2005

Deprivation of Liberty Safeguards – 2009 amendment to Mental Capacity Act 2005

Powers and functions of independent regulator of social care and social work services in Scotland – Public Services Reform (Scotland) Act 2010

Health care principles include patients treated with dignity and respect, patient participation – Patient Rights (Scotland) Act 2011 Schedule 1

Choices for individuals as to how they are provided with support and a duty placed on local authorities to offer choice relating to the arrangement of care and support services – Social Care (self-directed support) Scotland Act 2013

Framework for integrating adult health and social care in Scotland – Public Bodies (Joint Working) Scotland Act 2014

Well-being of people who need care and support, and carers who need support to be improved in Wales – Social Services and Well-being (Wales) Act 2014

Local authorities' duties in relation to assessing people's needs and eligibility for publicly funded care and support in England; duties of local authorities to provide independent advocacy to enable involvement of disabled people in care assessment, planning and review; requirement on local authorities to provide Direct Payments for disabled people to purchase their care and support when requested – Care Act 2014

Safety and quality of care to be improved – Health and Social Care (Safety and Quality) Act 2015

Quality of care services in Wales and the impact on people receiving them – Regulation and Inspection of Social Care (Wales) Act 2016


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HEALTH DOMAIN

Duty on local authorities to support carers’ health and well-being and to provide an information and advice service for carers – Carers (Scotland) Act 2016





England

Adult Social Care Outcomes Framework;Putting children first (DfE); Valuing people now: Fundamental standards for health and social care; NICE service standards

CQC; NICE; Health and Social Care Professions Council


Scotland

Health and Social Care Integration policy;Getting it right for every child

Care Inspectorate; Mental Welfare Commission for Scotland; Scottish Social Services Council


WalesIntermediate Care Fund Wales; Supporting People programme

Care and Social Services Inspectorate for Wales; Care Council for Wales

As above; Final budget and first and second supplementary budgets (Wales)

Statistical process measure

LST.SCR.2: Rate per 1,000 receiving social care either in the community or in a care home (adults)

England: Social services activity statistics, NHS Digital

Age, Ethnicity, Gender

Scotland: Scottish care homes census, ISD Scotland; Social care services - Scotland, Scottish Government

Age, Disability (including Impairment Type), Gender


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HEALTH DOMAIN

Wales: Performance management of adult's social services (PM2) data collection, Welsh Government

Age


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Measurement Framework for Equality and Human Rights Health domain

5.4 Health

Table 5.4: Health




Topics

To be healthy, physically and mentally, being free in matters of sexual relationships and reproduction, having autonomy over care and treatment, and being cared for in the final stages of your life.

Every person should be capable of: Attaining the highest possible

standard of physical and mental health

Accessing timely and impartial information about health and healthcare options

Accessing healthcare without discrimination and in a culturally sensitive way

Avoiding premature mortality

People’s right to the highest attainable standard of physical and mental health is respected, protected and fulfilled

Timely and impartial information about health and healthcare options is available and accessible to all

Everyone can access good quality healthcare without discrimination

There is no premature mortality due to neglect, injury or suicide

Life expectancy is not dependent on a person’s socio-economic status or

Health outcomes

People’s current health status Suicide Infant mortality Life expectancy Malnutrition Health outcomes for people who are

homeless, transgender people, Gypsies, Roma and Travellers, migrants, refugees and asylum seekers

Access to healthcare

Waiting and referral times Access issues specific to transgender

people; Gypsy, Roma, Travellers; people with learning disabilities; people who are homeless; migrants, refugees, asylum seekers; prisoners; people in immigration detention

Discrimination in access to healthcareMental health Population reporting poor mental health and

well-being Access to mental health services





through disease, neglect, injury or suicide

Being treated medically only with informed consent

Being free from stigma associated with some health conditions and being assured of patient confidentiality

Being free to make their own choices in matters of sexual relationships and reproduction

Being supported and cared for with dignity and respect in the final stage of their life, and having the autonomy to choose how and where to die

where they live Those in need of

palliative or end of life care can live as well as possible until they die

Autonomy in healthcare decision making, including for sexual and reproductive health, is enjoyed by all

Treatment and quality of mental health services

Mental health provisions for people in immigration detention and looked after children

Suicides, use of restraint and medication of mental health service users

Use of mental health acts and community treatment orders

Reproductive and sexual health

Low birth weight births Access to sexual and reproductive health

care, services and information Access to relationships and sex education Female genital mutilation (FGM)

Palliative and end of life care

Place of death Access to and quality of end of life care for

people with serious mental health conditions, prisoners, and people with a non-cancer diagnosis

Essential drugs used in palliative care and their provision





Health outcomes (CORE INDICATOR)

RATIONALE

Assessing inequality in health outcomes, including people’s current health status, infant mortality, suicide, and differences in life expectancy, is a good indicator to assess the health of the overall population and examine how the rights to life and enjoyment of the highest attainable standard of physical and mental health are respected, protected and fulfilled. This includes looking at inequalities in health outcomes experienced by those at higher risk of harm, abuse, discrimination or disadvantage, for example migrants, refugees and asylum seekers and people who are homeless.

TOPICS

People’s current health status Suicide Infant mortality Life expectancy Malnutrition Health outcomes for migrants, refugees and asylum seekers, people who are

homeless, transgender people, and Gypsies, Roma and Travellers


HLT.OCM.1.A and HLT.OCM.1.C: Percentage who report good or very good current health status (adults and children)

England: Health Survey for England, NHS Digital

Age, Disability (including Impairment type), Ethnicity, Gender, Marital or civil partnership status, Pregnancy, Religion, Sexual orientation, Socio-economic group

Scotland: Scottish Health Survey, Scottish Government


Wales: Welsh Health Survey / National Survey for Wales, Welsh Government



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HLT.OCM.2: Suicide rate per 1,000 (adults)

Great Britain: Suicides in the United Kingdom, ONS

Age, Gender

Scotland: Probable Suicides: Deaths which are the Result of Intentional Self-harm or Events of Undetermined Intent, National Records of Scotland

Age, Gender

HLT.OCM.3: Mortality rate from diseases of the circulatory system (adults)

England and Wales: Death registrations in England and Wales, ONS

Age, Gender

Scotland: Vital events reference tables, National Records Of Scotland

Age, Gender

Further measures

Topic Sources

Life expectancy and healthy life expectancy

King’s Fund; DoH; National Records of Scotland; Scottish Government

Health outcomes for people who are homeless, transgender people, Gypsies, Roma and Travellers, migrants, refugees and asylum seekers

National LGBT Partnership; Scottish Government; Scottish Refugee Council, third-sector organisations

Attempts of suicide or self-harm by lesbian, gay and bisexual and transgender people

Stonewall; Rethink; Pinknews; Pace; CQC; MIND; Health and Social Care Information Centre; ISD Scotland; Commission on Acute Adult Psychiatric Care; National Confidential Inquiry into Suicide and Homicide, University of Manchester

Deaths where malnutrition was the underlying cause of death

ONS; Age UK

WHAT THE STANDARDS SAY: THE ‘STRUCTURE’ Right to life (and investigation of death); freedom from torture and inhuman or

degrading treatment; respect for private and family life, home and correspondence; freedom of thought, belief and religion; protection from discrimination in respect of these rights and freedoms – HRA 1998 2, 3, 8, 9 and 14, plus Section 6 makes it unlawful for a public authority to act in a way which is incompatible with a Convention right.


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Prohibits unlawful discrimination, harassment and victimisation on the basis of protected characteristics; requires organisations providing a public service to meet the requirements of the public sector equality duty – Equality Act 2010

Compatibility with Convention rights – Scotland Act 1998 29(1), 29(2); Government of Wales Act 2006 108(6)(c), 81(1)


Right to respect for private and family life, home and correspondence – ECHR 8

Right to highest attainable standard of health and health services – CRPD 25 Healthcare services and family planning, healthcare for rural women – CERD

5 Healthcare of children, children’s access to information, health of disabled

children, children’s access to healthcare services, children in care and mental health – CRC 3, 17, 23, 24, 25

Highest attainable standard of physical and mental health – ICESCR 12 Inherent right to life – ICCPR 6 Prohibition of torture (mental or physical); treatment in custody – UN

Committee Against Torture 6, 10, 11 Provision for the detention, care and treatment of people with a mental

disorder – Mental Health (Care and Treatment) (Scotland) Act 2003 Health and social care in England and Wales – Health and Social Care Act

2012 Health and social care in Scotland – Public Bodies (Joint Working) (Scotland)

Act 2014 Well-being of people who need care and support in Wales to be improved –

Well-being of Future Generations (Wales) Act 2015 Well-being of people who need care and support in Wales –Social Services

and Well-being (Wales) Act 2014 Amendments to the Mental Health (Care and Treatment) (Scotland) Act 2003

– Mental Health (Scotland) Act 2015 Latest principles established in case law.




EnglandNHS Outcomes Framework; Public Health Outcomes Framework

DoH; NHS England; CQC; Health and Social Care Information Centre

PESA; ONS; Budget announcements;Office for Budget Responsibility;DoH; NHS England;King’s Fund;Institute for Fiscal Studies


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Scotland

National Performance Framework; Health Inequalities Action Framework

NHS Scotland; Mental Welfare Commission for Scotland; Healthcare Improvement Scotland; Care Inspectorate

As above; Audit Scotland

Wales

Public Health Outcomes Framework Wales; Welsh Government’s Primary Care Plan

NHS Wales; Public Health Wales;Healthcare Inspectorate Wales

As above; NHS Wales; Public Health Wales


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Access to healthcare (CORE INDICATOR)

RATIONALE

Access to healthcare, including waiting and referral times, and discrimination in access to healthcare, is a good indicator to assess how the right to the highest attainable standard of physical and mental health is respected, protected and fulfilled.

TOPICS

Waiting and referral times Access issues specific to transgender people; Gypsy, Roma, Travellers;

people with learning disabilities; people who are homeless; migrants, refugees, asylum seekers; prisoners; people in immigration detention

Discrimination in access to healthcare

WHAT PEOPLE EXPERIENCE: THE ‘OUTCOME’Further measures

Topic Sources

Waiting and referral times for access to different types of health service

NHS Digital; ISD Scotland

Access to psychological therapies CQC; NHS Digital; Commission on Acute Adult Psychiatric Care, Improving Access to Psychological Therapies Programme, ISD Scotland

Access issues specific to: transgender people; Gypsy, Roma, Travellers; people with learning disabilities; people who are homeless; migrants, refugees, asylum seekers; prisoners; people in immigration detention

CQC; NHS Digital; Homeless Link; DCLG, Her Majesty’s Inspectorate of Prisons (HMIP); DoH; Children’s Commissioner for England; Scottish Parliament (Equality and Human Rights Committee, and Health and Sport Committee); Scottish Public Health Network; Scottish Prison Service; Scottish Refugee Council; Stonewall

Discrimination in access to healthcare

Disability Rights UK; DCLG; FRA; Scottish Refugee Council; Homeless Link; Royal College of General Practitioners; National Inclusion Health Board


degrading treatment; respect for private and family life, home and correspondence; freedom of thought, belief and religion; protection from discrimination in respect of these rights and freedoms – HRA 1998 2, 3, 8, 9


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and 14, plus Section 6 makes it unlawful for a public authority to act in a way which is incompatible with a Convention right.





Equal recognition before the law, access to justice, liberty and security of the person – CRPD 12, 13, 14

Healthcare services and family planning, healthcare for rural women – CEDAW 12, 14

Right to public care and medical care – CERD 5 Healthcare of children, children’s access to information, health of disabled


Highest attainable standard of physical and mental health – ICESCR 12 Freedom of conscience, thought and religion – ICCPR 18 Prohibition of torture (mental or physical); treatment in custody – UN

Committee Against Torture 6, 10, 11 Access to services – UK Immigration Act 2014 Part 3 NHS services in England and Wales – National Health Service Act 1946 Care services in England and Wales – Health and Social Care Act 2012 Health and social care services Scotland – Public Bodies (Joint Working)

(Scotland) Act Health and social care services for children in Scotland – Children and Young

People (Scotland) Act 2014 Health and social care services Wales – Well-being of Future Generations

(Wales) Act 2015 Latest principles established in case law.




England National Inclusion Health Board; Public Health Outcomes Framework

DoH; NHS England; CQC; NHS Digital; National Inclusion Health Board

PESA; ONS; Budget announcements;Office for Budget Responsibility;DoH; NHS England; King’s Fund; Institute for


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Fiscal Studies

ScotlandNational Performance Framework (NPF); Healthcare Quality Strategy for NHS Scotland

Care Inspectorate; Healthcare Improvement Scotland; Mental Welfare Commission for Scotland


Wales

Welsh Government's Primary Care Plan; Public Health Outcomes Framework; Welsh Framework for action and delivery plan


Statistical process measures

HLT.ACH.1: Percentage starting treatment who have waited for more than 18 weeks (adults)

England: Consultant-led referral to treatments waiting times, NHS England

None

Scotland: NHS Waiting Times - 18 Weeks Referral to Treatment, ISD Scotland

None

Wales: NHS hospital waiting times - referral to treatment, Welsh Government

None


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Mental health (CORE INDICATOR)

RATIONALE

Mental health, including assessing inequalities in those reporting poor mental health, access to mental health services, and treatment and quality of services received, is a good indicator to assess the State’s duty to progressively realise the right to the enjoyment of the highest attainable standard of mental health. The indicator also looks at suicides, use of restraint and medication of mental health users and people detained under the Mental Health Act.

TOPICS

Population reporting poor mental health and well-being Access to mental health services Treatment and quality of mental health services Mental health provisions for people in immigration detention and looked after

children Suicides, use of restraint and medication of mental health service users Use of mental health acts and community treatment orders


HLT.MTL.1.A and HLT.MTL.1.C: Percentage with poor mental health and well-being (adults and children)

England: Health Survey for England, NHS Digital




Wales: Welsh Health Survey / National Survey for Wales, Welsh Government



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Further topics

Topic Sources

Suicides of mental health service users CQC; MIND; NHS Digital; Commission on Acute Adult Psychiatric Care; National Confidential Inquiry into Suicide and Homicide, University of Manchester; ISD Scotland

Use of restraint and medication CQC; MIND; NHS Digital; Commission on Acute Adult Psychiatric Care

Community treatment orders / Compulsory treatment orders (Scotland)

CQC; MIND; NHS Digital; Mental Welfare Commission for Scotland

Immigration detention and access to mental health - People in custody reporting poor access to health services

HMIP; NHS Digital; HM Inspectorate of Prisons in Scotland; Scottish Parliament (Health and Sport Committee)

The use of section 135 and 136 of The Mental Health Act 1983 / Mental Health (Care and Treatment) (Scotland) Act Part 9 sections 292 to 300

CQC; NHS Digital; DoH; Mental Welfare Commission for Scotland

Discrimination in access to mental healthcare

MIND, Mental Health Foundation, Rethink

Suicides of mental health service users CQC; MIND; NHS Digital; Commission on Acute Adult Psychiatric Care; National Confidential Inquiry into Suicide and Homicide, University of Manchester; ISD Scotland

Use of restraint and medication CQC; MIND; NHS Digital; Commission on Acute Adult Psychiatric Care






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Equal recognition before the law, access to justice, liberty and security of the person – CRPD 12, 13, 14

Healthcare services and family planning, healthcare for rural women – CEDAW 12, 14

Right to public care and medical care – CERD 5 Healthcare of children, children’s access to information, health of disabled


Highest attainable standard of physical and mental health – ICESCR 12 Prohibition of torture (mental or physical); treatment in custody – UN

Committee Against Torture 6, 10, 11 Protection and empowerment of individuals who may lack the mental capacity

to make their own decisions about their care and treatment – Mental Health Act 1983

Framework for safeguarding the welfare and financial affairs of adults who lack capacity – Adults with Incapacity (Scotland) Act 2000

When and how people can be treated if they have a mental disorder; When people can be treated or taken into hospital against their will; What people's rights are, and the safeguards which ensure that these rights are protected – Mental Health (Care and Treatment) (Scotland) Act) 2003

Support that should be available for people with mental health problems in Wales – Mental Health (Wales) Measure 2010

Health and social care in England and Wales; parity of esteem of mental and physical health services – Health and Social Care Act 2012

Sets out the functions of local authorities and health boards, shared services and health service functions – Public Bodies (Joint Working) (Scotland) Act 2014

Social, economic, environmental and cultural well-being of Wales – Well-being of Future Generations (Wales) Act 2015

Amendments to the Mental Health (Care and Treatment) (Scotland) Act 2003 in relation to issues such as: compulsory treatment orders; the right to choose a named person; the registration of advance statements in which a person can set out how they do and do not wish to be treated for mental disorder; and so on – Mental Health (Scotland) Act 2015



Implementation of public policy


Britain National Confidential Inquiry into Suicide and Homicide by People

DoH; National Preventive

PESA; ONS;Budget


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with Mental Illness Mechanism; CQC

announcements;Office for Budget Responsibility;DoH; King’s Fund;Institute for Fiscal Studies

EnglandNational Inclusion Health Board; Five Year Forward View; Public Health Outcomes Framework

DoH; NHS England; CQC; NHS Digital

As above; NHS England

Scotland

Mental Health Strategy for 2016-2026;National Performance Framework;Healthcare Quality Strategy for NHS Scotland

Mental Welfare Commission for Scotland; Healthcare Improvement Scotland; Care Inspectorate


WalesWelsh Government's Primary Care Plan; Public Health Outcomes Framework

NHS Wales; Public Health Wales;Healthcare Inspectorate Wales



HLT.MTL.2.A and HLT.MTL.2.C: Percentage starting or receiving treatment for mental health conditions (adults and children)

England: Improving access to psychological therapies (IAPT), NHS Digital

Age, Disability (including Impairment type), Ethnicity, Gender, Religion, Sexual orientation

Scotland: Psychological therapies waiting times and Child and adolescent mental health services waiting times, ISD Scotland

None

Wales: Welsh Health Survey, Welsh Government

Age, Disability (including Impairment type), Ethnicity, Gender, Pregnancy, Socio-economic group


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Reproductive and sexual health (SUPPLEMENTARY INDICATOR)

RATIONALE

Reproductive and sexual health is an essential component of the highest attainable standard of physical and mental health and the right to privacy and family life. This includes access to sexual and reproductive health care, services and information and to relationships and sex education. It also includes female genital mutilation.

TOPICS

Low birth weight births Access to sexual and reproductive health care, services and information Access to relationships and sex education FGM


HLT.RSH.1: Percentage of low birth weight births (women)

England and Wales: Birth characteristics in England and Wales and Births by parents' characteristics in England and Wales, ONS

Age, Ethnicity, Socio-economic group

Scotland: Births in Scottish hospitals, ISD Scotland Age, Socio-economic group

Further topics

Topic Sources

Access to sexual and reproductive health care, services and information, including sexually transmitted infections, abortion, contraception

NHS Digital; NHS England; NHS Wales; Family Planning Association; All-Party Parliamentary Group on Sexual and Reproductive Health in the UK; Scottish Government; Faculty of Sexual and Reproductive Healthcare (FSRH); Save the Children; Public Health England

Access to assisted reproduction therapies

Marie Stopes International; NHS England; Family Planning Association, All-Party Parliamentary Group on Sexual and Reproductive Health in the UK; Faculty of Sexual and Reproductive Healthcare; Human Fertilisation and Embryology Authority

Access to relationships and sex education

Relate; NSPCC; Children’s Commissioner, DfE; Ofsted

Female genital mutilation Ministry of Justice; Home Office; DfE; DoH; NHS Digital;


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Royal College of General Practitioners; Scottish Government; Police Scotland



Highest attainable standard of physical and mental health – ICESCR 12 Access to appropriate health care services, including those related to family

planning, right to decide on the number and spacing of children – CEDAW 12, 16

Right of persons with disabilities to sexual and reproductive health; reproductive rights – CRPD 23(1)(b) and 23(1)(c)

Children’s right to access sexual and reproductive health services – CRC 24 Right to life, prohibition of torture and right to privacy, freedom of thought,

conscience, and religion – ICCPR 6, 7, 17, 18 Sexual and reproductive healthcare in England – Health and Social Care Act

2012 Embryo research, monitoring and licensing fertility clinics in the United

Kingdom – Human Fertilisation and Embryology Act 1990 The law relating to termination of pregnancy by abortion in England and

Wales – Abortion Act 1967, as amended by the Human Fertilisation and Embryology Act 1990

Contraception and family planning advice – The NHS (Family Planning) Act 1967

FGM protection order (England and Wales) – Female Genital Mutilation Act 2003 as amended by the Serious Crime Act 2015 S4

Mandatory reporting of FGM for health and social care professionals and teachers in England – Serious Crime Act 2015 S73

FGM in Scotland – Prohibition of Female Genital Mutilation (Scotland) Act 2005

Arrangements to promote awareness of, and prevent, protect and support victims of gender-based violence (including FGM) to be improved – Violence against Women, Domestic Abuse and Sexual Violence (Wales) Act 2015





England Sexual and reproductive health DoH; NHS England; PESA; ONS; DoH;


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and HIV: strategic action plan; Ending violence against women and girls (VAWG) Strategy 2016-2020; Mandatory reporting (Home Office)

Public Health England

NHS England;Family Planning Association

Scotland

Respect and Responsibility: A strategy and action plan for improving sexual health; Pregnancy and parenthood in Young People Strategy (2015); Scotland’s National Action Plan to Prevent and Eradicate FGM; Equally Safe

DoH; Care Inspectorate; Healthcare Improvement Scotland


Wales

Sexual Health and Well-being for Wales Action Plan 2010-2015; Strategic framework for promoting sexual health in Wales; National strategy on violence against women, domestic abuse and sexual violence 2016–2021

DoH; NHS Wales; Public Health Wales



HLT.RSH.2: Percentage screened for cervical cancer within the specified period (women)

England: Cervical Screening Programme, England, NHS Digital

Age

Scotland: Scottish Cervical Screening Programme Statistics ISD Scotland

Age

Wales: Cervical Screening Wales Annual Statistical Report, Cervical Screening Wales

Age


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Palliative and end of life care (SUPPLEMENTARY INDICATOR)

RATIONALE

Palliative and end of life care, including equality in access to care, and use of essential drugs (such as pain relief) is a useful indicator to assess how the right to freedom from torture or inhuman or degrading treatment and the right to the highest attainable standard of health are respected, protected and fulfilled.

TOPICS

Access to and quality of end of life care Essential drugs used in palliative care and their provision

WHAT PEOPLE EXPERIENCE: THE ‘OUTCOME’ Further topics

Topic Sources

Palliative and end of life care for people of different sexual orientation and religion/belief

NHS; Royal College of Midwives; Together for Short Lives; CLIC Sargent; Teenage Cancer Trust; Hospice UK; Cicely Saunders Institute; Marie Curie Cancer Care; Bevan Foundation; National Council for Palliative Care; All-Party Parliamentary Group on Hospice and Palliative Care; Scottish Government; Scottish Partnership for Palliative Care

Access to and quality of end of life care for people with serious mental health conditions; prisoners; and people with a non-cancer diagnosis (a range of other chronic and life-limiting conditions)

NHS; Royal College of Midwives; Together for Short Lives; CLIC Sargent; Teenage Cancer Trust; Hospice UK; Cicely Saunders Institute; Marie Curie Cancer Care; Bevan Foundation; National Council for Palliative Care; All-Party Parliamentary Group on Hospice and Palliative Care; Scottish Government; Scottish Partnership for Palliative Care

Essential drugs used in palliative care (such as pain relief) and their provision

Marie Curie Cancer Care; Age UK; All Party Parliamentary Group on Hospice and Palliative Care

Do Not Resuscitate orders Age Concern; Action on Elder Abuse; Mencap




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Right to life, prohibition of torture and right to privacy, freedom of thought, conscience, and religion – ICCPR 6, 7, 17, 18

Highest attainable standard of physical and mental health – ICESCR 12 Freedom of thought, conscience, and religion – ICCPR 18 UN Convention

Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

Right to freedom from torture or inhuman or degrading treatment – Prohibits unlawful discrimination, harassment and victimisation on the basis of




NHS responsibilities – National Health Service Act 1946; National Health Service (Scotland) Act 1947

End of life care services in England and Wales – Health and Social Care Act 2012; Well-being of Future Generations (Wales) Act 2015

Assisted suicide in England and Wales – Suicide Act 1961 S2 Latest principles established in case law.




BritainAmbitions for Palliative and End of Life Care 2015

DoH; Association for Palliative Medicine of Great Britain and Ireland

PESA;ONS;DoH;Marie Curie;

England

The National End of Life Care Strategy 2008; NHS Five Year Forward View;NHS outcomes framework

NHS England; Public Health England;National Council for Palliative Care;Health Education England

As above; NHS England

Scotland

Palliative and End of Life Care Strategic Framework for Action; Framework for Delivery of Palliative and End of Life Care for Children and Young People; Scottish Partnership for Palliative Care

Care Inspectorate; Healthcare Improvement Scotland

As above; Audit ScotlandScottish Public; Health Network (ScotPHN)

Wales Wales Palliative Care NHS Wales; Public As above; NHS


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Planning Group; The Welsh Government’s Primary Care Plan; Declaration of the Rights of Older People; Public Health Outcomes Framework

Health Wales

Wales;Public Health Wales


HLT.PEL.1: Percentage of patients spending end of life at home (all ages)

England: End of life care profiles, Public Health England

Age, Gender

Scotland: Percentage of end of life spent at home or in a community setting, ISD Scotland

Age, Gender

Wales: End of life care annual report, NHS Wales None


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Measurement Framework for Equality and Human Rights Justice and personal security domain

5.5 Justice and personal security

Table 5.5: Justice and personal security




Topics

To avoid premature mortality, live in security, and knowing you will be protected and treated fairly by the law.

Every person should be capable of: Being free from cruel, inhuman

or degrading treatment or punishment

Avoiding premature mortality through injury or suicide in detention

Being protected from being killed or murdered

Living without fear of humiliation, harassment, and being free from violence or abuse based on who they are

Being free from sexual and domestic violence and abuse

The rights to life, to freedom from torture and inhuman or degrading treatment, to liberty and security, and to a fair trial are respected, protected and fulfilled

Everyone can live without fear of humiliation, harassment or abuse based on who they are

Every person can live their life free from violence including sexual and domestic violence

Everyone is treated fairly before the law

Nobody is arbitrarily detained or arrested

Accessible, affordable and impartial legal information and advocacy is available to all

People in detention do not suffer from violence, abuse

Conditions of detention

Detained population, non-natural deaths, conditions of detention, safety, mental health, use of force and restraint in specific settings:o Prisonso Police custodyo Health and social care

detentiono Immigration detentiono Young Offender Institutions

and other detention settings for children and young people

o Military detention abroadHate crime, homicides, sexual and domestic abuse

Hate crime and identity-based harassment

Homicide Sexual violence and rape Domestic violence and abuse

Criminal and civil justice

Access to courts and tribunals Liaison and diversion services





Knowing they will be treated fairly before the law

Being free from arbitrary arrest and detention

Accessing affordable and impartial, legal information and advocacy

Being supported when resettling and reintegrating into society after being in prison

and are not subjected to unnecessary restraint and isolation

Legal aid Public confidence in the justice

systemRestorative justice Restorative justice in the criminal

justice system Safety and effectiveness Alternative dispute resolution and

mediationRehabilitation, resettlement and reintegration

Rehabilitation Resettlement Reintegration





Conditions of detention (CORE INDICATOR)

RATIONALE

Assessing the conditions under which people are detained by the State (including non-natural deaths, use of restraint and force) is an essential aspect of ensuring people’s rights to life, to liberty and security of person, and to freedom from torture and inhuman or degrading treatment are respected, protected and fulfilled in Britain and in specific detention settings abroad.

TOPICS

Detained population, non-natural deaths, conditions of detention, safety, mental health, use of force and restraint in specific settings:

o Prisonso Police custodyo Health and social care detentiono Immigration detentiono Young Offender Institutions and other detention settings for children

and young peopleo Military detention abroad


JPS.DTN.1: Rate per 1,000 prisoners of non-natural deaths in prisons (adults)

England and Wales: Safety in custody statistics, Ministry of Justice and National Offender Management Service (NOMS)


Scotland: Deaths in prison custody, Scottish Prison Service


Further topics

Topic Sources

Prison detention Reports from HM Inspectorate of Prisons, HM Inspectorate of Prisons for Scotland, Ministry of Justice, data from UK NPM’s Data Mapping Project, House of Commons Library briefings, Select Committee evidence (particularly Justice Committee and Joint Committee on Human Rights), Scottish Prison Service, Scottish Parliament (Equality and Human Rights Committee), Independent Custody Visiting Scotland; reports from organisations such as the Howard League for Prisons Reform, the Prison Reform Trust, and


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Barnardo’s.

Police custody Reports from HM Inspectorate of Constabulary, HM Inspectorate of Constabulary in Scotland, Home Office, House of Commons Library briefings, Independent Police Complaints Commission, reports from organisations such as Inquest, and College of Policing (including Authorised Professional Practice content), Mental Welfare Commission for Scotland; Police Investigations and Review Commissioner

Health and social care detention

Reports from Care Quality Commission/Care Inspectorate (Scotland), NHS/NHS Scotland, DoH; House of Commons Library briefings, Mental Welfare Commission for Scotland, information from organisations such as Rethink, Mind, Age UK (deprivation of liberty safeguards)

Immigration detention, including duration of stay

Home Office Immigration Statistics, reports from HM Inspectorate of Prisons, HM Inspectorate of Prisons for Scotland, Home Office Immigration Enforcement, data from UK NPM’s Data Mapping Project, House of Commons Library briefings, reports from organisations such as Liberty, The Migration Observatory at the University of Oxford, the Refugee Council, Scottish Refugee Council, Freedom from Torture, the Women’s Refugee Commission, Asylum Aid.

Young Offender Institutions and other detention settings relating to children and young people

Reports from HM Inspectorate of Prisons, HM Inspectorate of Prisons for Scotland, Ministry of Justice, Youth Justice Board for England and Wales, Ofsted (inspections of Secure Training Centres and Secure Children’s Homes), House of Commons Library briefings, Scottish Prison Service, reports from organisations such as the Prison Reform Trust

Military detention abroad

Case Law, ICCPR follow-up report, submissions to the UN Committee against Torture on the United Kingdom by organisations such as Human Rights Watch, EHRC.

Use of restraint and force

Reports from National Preventive Mechanism, UN Committee Against Torture, House of Commons Justice Committee, APPGs on Refugees and Migration, reports from regulators including HM Inspectorate of Prisons, HM Inspectorate of Constabulary, Care Quality Commission/Care Inspectorate (Scotland)

Mental health in detention (prisons and immigration detention)

Tavistock Institute; Home Office/ DoH; Prison and Probation Ombudsman; Lord Cullen Review; Mental Welfare Commission for Scotland

Safety of those detained (suicide, self-harm, assault

House of Commons Library briefings; HM Inspectorate of Prisons; HM Inspectorate of Prisons for Scotland; Scottish Prison Service; National Offender Management Service statistics; Howard League


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and violence, identity-based violence and harassment)

for Prison Reform

Overcrowding in prisons

UN Committee against Torture; HM Inspectorate of Prisons annual report; HM Inspectorate of Prisons for Scotland; Howard League for Prisons Reform; Prison Reform Trust

WHAT THE STANDARDS SAY: THE ‘STRUCTURE’ Right to liberty and security of person – HRA 1998 5; also 2, 3, 9, 14 Prohibits unlawful discrimination, harassment and victimisation on the basis of




Deprivation of Liberty Safeguards (England and Wales) – Mental Health Act 2007

Detention, treatment and questioning by police officers under the Terrorism Act 2000, Code H – Police and Criminal Evidence Act 1984

Provision for the detention, care and treatment of people with a mental disorder – Mental Health (Care and Treatment) (Scotland) Act 2003

Criminal procedure and evidence, including the remand and committal of children and young people – Criminal Justice (Scotland) Act 2003

Remand and committal of children and young persons – Criminal Justice and Licensing (Scotland) Act 2010 s.64

Rights of suspects in custody, custody of under 18 year olds and support for vulnerable people – Criminal Justice (Scotland) Act 2016

Right to freedom from torture and inhuman and degrading treatment; education and training regarding prohibition of torture for those who may be involved in custody, interrogation or treatment of those subject to arrest, detention or imprisonment; review arrangements for custody and treatment, with view to preventing torture; right to complaint – CAT 1, 10, 11, 13

Establishes a system of monitoring to all places where persons are deprived of their liberty by independent monitoring bodies in line with OPCAT and SPT guidance – Optional Protocol to the Convention Against Torture

Widest possible protection and assistance should be afforded to the family unit – ICESCR 10

Everyone has the right to liberty and security of person; deprivation of liberty (by third parties empowered by the State); freedom of thought, conscience and religion – ICCPR 9, 10, 18

The right to security of person and protection by the State against violence or bodily harm – CERD 5(b)

Liberty and security of the person; freedom from torture, cruel inhuman treatment – CRPD 14, 15


127



Contact with parents, deprivation of liberty, freedom from torture, treatment with dignity and respect – CRC 9(3), 37, 40




Regulators

Britain

Common principles of restraint (National Preventive Mechanism, 2014); The Detention Centre Rules (2001); Minimising and Managing Physical Restraint (MoJ)

Care Quality Commission; National Preventive Mechanism

England

National Framework for Reporting and Learning from Serious Incidents Requiring Investigation (National Patient Safety Agency, 2010)

Prisons and Probation Ombudsman for England and Wales; HM Inspectorate of Prisons; HM Inspectorate of Constabulary

ScotlandYouth Justice strategy for Scotland, 2015–2020 (Scottish Government, 2015)

HM Inspectorate of Prisons for Scotland; HM Inspectorate of Constabulary in Scotland; Care Inspectorate (Scotland); Police Investigations and Review Commissioner; Mental Welfare Commission for Scotland

Wales

Prisons and Probation Ombudsman for England and Wales; HM Inspectorate of Prisons; HM Inspectorate of Constabulary; Welsh Language Commissioner; Healthcare Inspectorate Wales; Care and Social Services Inspectorate Wales

Statistical process measure

JPS.DTN.2: Rate per 1,000 population in prison (adults)

England and Wales: Offender management statistics quarterly, Ministry of Justice

Age, Ethnicity, Gender, Religion

Scotland: Prison Statistics Scotland, Scottish Government

Age, Ethnicity, Gender, Religion

JPS.DTN.3: Rate per 10,000 population held in the youth secure estate (children)

England and Wales: Youth justice statistics, Youth Justice Board / Ministry of Justice



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Scotland: Children's social work statistics, Scottish Government

Age, Disability, Gender

JPS.DTN.4: Rate per 100,000 population in detention under Mental Health Acts (adults)

England: Mental health bulletin, NHS Digital Age, Ethnicity, GenderScotland: Mental Health Act Monitoring, Mental Welfare Commission for Scotland

Age, Gender

Wales: Mental health facility admissions, Welsh Government

Gender


129



Hate crime, homicides, sexual and domestic abuse (CORE INDICATOR)

RATIONALE

Assessing the prevalence of violent, intimate or identity-based crime experienced by adults and children and young people (specifically homicide, sexual violence and rape, domestic violence and abuse, and hate crime and identity-based harassment) and the response of the criminal justice system to these (protection and redress for victims of crime) is an essential aspect of ensuring people’s rights to life, security of person, respect for private and family life, and freedom from torture and inhuman or degrading treatment are respected, protected and fulfilled.

TOPICS

Hate crime and identity-based harassment Homicide Sexual violence and rape Domestic violence and abuse


JPS.VNT.1: Percentage who experienced one or more hate incidents (self-reported) in the previous 12 months (adults)

England and Wales: Crime Survey for England and Wales, ONS


Scotland: Scottish Crime and Justice Survey, Scottish Government

Age, Disability, Ethnicity, Gender, Marital or civil partnership status, Religion, Sexual orientation, Socio-economic group

JPS.VNT.3A and JPS.VNT.3C: Homicide rate per million population (adults and children)

England and Wales: Homicide Index, Home Office; Focus on violent crime and sexual offences, England and Wales, ONS


Scotland: Homicide in Scotland, Scottish Government

Age, Gender

JPS.VNT.4: Percentage who experienced rape and assault by penetration, Equality and Human Rights CommissionPublished: October 2017

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including attempts (self- reported) in the previous 12 months (adults)





JPS.VNT.5: Percentage who experienced domestic violence and abuse (self- reported) in the previous 12 months (adults)





Further topics

Topic Sources

Hate crime, identity-based violence and harassment

Administrative data on number of convictions and prosecutions for hate crime from Crown Prosecution Service (CPS), Crown Office and Procurator Fiscal Service; House of Commons Library; Home Office; DCLG; Welsh Government; Scottish Government; EHRC; All-Party Parliamentary Group against Antisemitism; Law Commission; Stonewall; Stonewall Scotland; Tell MAMA; Community Security Trust; Stop Hate UK; Galop

Identity-based harassment and violence including based on other strands not recognised by current hate crime legislation (including

CPS; Older People’s Commissioner for Wales; reports from organisations such as the Fawcett Society (misogyny recognised by some police forces as a hate crime); Age UK (crimes against older people)


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gender and older age)Homicide Home Office; Scottish Government; CPS; Women’s AidSexual violence, rape Police-recorded data and other administrative data on

number of incidents (ONS crime statistics, CPS; Scottish Government: domestic abuse recorded by the police in Scotland; criminal proceedings in Scotland); Stern Review; Report of the Independent Review into The Investigation and Prosecution of Rape (CPS); House of Commons Library; Home Office; DoH; CPS; police; Director of Public Prosecutions; Amnesty International; Rape Crisis; Mind; Victim Support

Children and young people’s experiences of domestic violence and abuse, hate crime and sexual violence, child sexual exploitation

Ongoing Independent Inquiry into Child Sexual Abuse; scoping of Public Inquiry into Historical Child Abuse in Scotland; reports from the Independent Police Complaints Commission and other key regulators; National Crime Agency; NHS; reports from organisations such as National Society for the Prevention of Cruelty to Children and Barnardo’s

WHAT THE STANDARDS SAY: THE ‘STRUCTURE’ Right to life – HRA 1998 2; also 3, 5, 8, 9, 10, 14 Prohibits unlawful discrimination, harassment and victimisation on the basis of




Substantive hate crime offences for some strands under stirring up hatred offences (Part III, Part IIIA) – Public Order Act 1986

Substantive hate crime offences for some strands under assault, criminal damage, harassment, stalking, threatening or abusive behaviour offences and creates a racial aggravation for offences – Crime and Disorder Act 1998 s.96

Offence of ‘controlling or coercive behaviour in an intimate or family relationship’ created – Serious Crime Act 2015

Older sexual offences legislation replaced in England and Wales – Sexual Offences Act 2003

Sentencing provisions for some hate crime strands (‘aggravated’ offences and penalty uplifts) (England and Wales) – Criminal Justice Act 2003

Statutory aggravations for crimes motivated by malice and ill will towards an individual based on their sexual orientation, transgender identity or disability – Offences (Aggravation by Prejudice) (Scotland) Act 2009

Existing law on sexual offences reformed and a range of new statutory offences created – Sexual Offences (Scotland) Act 2009

Non-harassment order; new offence of threatening and abusive behaviour created, includes aggressive behaviour and spoken threats; new offence of


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stalking created; right to view statement before trial – Criminal Justice and Licensing (Scotland) Act 2010 S. 15; 38, 39, 54

Provision for offences aggravated by religious prejudice – Criminal Justice (Scotland) Act 2003 s74

Behaviour which is threatening, hateful or otherwise offensive at a regulated football match criminalised, and communication of certain threats – Offensive Behaviour at Football and Threatening Communications (Scotland) Act 2012

Domestic abuse to constitute harassment – Domestic Abuse (Scotland) Act 2011

Experience victims and witnesses have within Scotland's justice system modified, including improving support for at risk witnesses in court – Victim and Witnesses (Scotland) Act 2014

Public Sector response in Wales to abuse and violence to be improved – Violence against Women, Domestic Abuse and Sexual Violence (Wales) Act 2015

Freedom from torture – CAT 1 The right to security of person and protection by the State against violence or

bodily harm. Can also engage article 1 – CERD 5(b) Liberty and security of the person, freedom from torture, cruel inhuman

treatment – CRPD 14, 15 Protection from all forms of child maltreatment; protection from all forms of

sexual exploitation and sexual abuse; freedom from torture – CRC 19, 34, 37 Right to life; freedom from torture and cruel inhuman or degrading

punishment; freedom of thought, conscience and religion; freedom of expression – ICCPR 6, 7, 18, 19, 27

Definition of discrimination includes gender-based violence – CEDAW 1–6, GR 19

Widest possible protection and assistance should be accorded to the family – ICESCR 10

Position of the Victim in the Framework of Criminal Law and Procedure – European Convention on the Compensation of Victims of Violent Crimes Recommendation No. (85) 11

Obligation of the state to fully address it in all its forms and to take measures to prevent violence against women, protect its victims and prosecute the perpetrators – Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention), signed but not yet ratified




Regulators

Britain

Action against hate: the UK Government’s plan for tackling hate crime; Violence against Women and Girls policy (including 2014 Action Plan)

England Crown Prosecution Service Rape Action Independent Police Complaints Equality and Human Rights CommissionPublished: October 2017

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Plan 2015Commission; HM Inspectorate of Constabulary

Scotland

Strategy for Justice in Scotland (Scottish Government, 2012); Report of the independent advisory group on hate crime, prejudice and community cohesion; Equally Safe Strategy

Police Complaints Commissioner for Scotland; Police Investigations and Review Commissioner; HM Inspectorate of Constabulary in Scotland

Wales

National Strategy on Violence against Women, Domestic Abuse and Sexual Violence (2016 – 2021); Tackling hate crimes and incidents: A framework for action; Crown Prosecution Service Rape Action Plan 2015

Independent Police Complaints Commission; HM Inspectorate of Constabulary


JPS.VNT.2: Number of police recorded hate crimes / charges relating to hate crime, by motivation

England and Wales: Hate crime, England and Wales, Home Office

None

Scotland: Hate crime in Scotland, Crown Office and Procurator Fiscal Service

None


134



Criminal and civil justice (CORE INDICATOR)

RATIONALE

Assessing the effectiveness of the civil and criminal justice systems, specifically access to courts and tribunals, provision of particular liaison and diversion services, provision of legal aid, and public confidence in the criminal justice system, is an essential aspect of ensuring people’s right to liberty and security of person and right to a fair trial are respected, protected and fulfilled in Britain.

TOPICS

Access to courts and tribunals Liaison and diversion services Legal aid Public confidence in the justice system


JPS.EFF.1: Percentage agreeing that the Criminal Justice System treats those who have been accused of a crime as ‘innocent until proven guilty’ (adults)





Further topics

Topic Sources

Provision of legal aid since the introduction of the LASPO Act 2012 (including implications of the areas of civil law now outside the scope of level aid funding, incidence of litigants in person, and the use of exceptional cases funding)

Joint Committee on Human Rights; House of Commons Justice Committee; Public Accounts Committee; Ministry of Justice; Legal Aid Agency; Civil Justice Council; Scottish Legal Aid Board; Law Centres Network; Citizens’ Advice Bureau; Liberty; National Audit Office; Law


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Society of Scotland

Access to justice (the courts and tribunals system, including fees, provision of interpretation services, and physical access/distance travelled. Also includes the use of Closed Material Procedures)

As above, plus House of Commons Justice Committee; Community Law Partnership; Ministry of Justice tribunal statistics; data from Equality Advisory and Support Service and Ministry of Justice on court and tribunal closures; JUSTICE; Law Society; Law Society for Scotland Shelter and Victim Support

Provision of liaison and diversion services (for people with mental health conditions and learning disabilities)

Ministry of Justice; NHS England; Welsh Government; Scottish Association for Mental Health

WHAT THE STANDARDS SAY: THE ‘STRUCTURE’ Right to liberty and security of person, right to a fair trial – HRA 1998 5, 6; also

7, 14 Prohibits unlawful discrimination, harassment and victimisation on the basis of

protected characteristics – Equality Act 2010 Welsh ministers can impose specific duties on certain Welsh public bodies

through secondary legislation – Equality Act 2010 (Statutory Duties) (Wales) Regulations 2011

Public authorities listed in the Act are subject to specific duties that are relevant to accessing the courts and tribunal system – Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012 (as amended)



Sentencing disposal for the youth court and special measures for giving evidence in criminal courts – Youth Justice and Criminal Evidence Act 1999

Terrorism prevention and investigation measures – Terrorism Prevention and Investigation Measures Act 2011

Provision for the establishment of Closed Material Procedures – Justice and Security Act 2013

Reforms to the justice system, including changes to the scope of legal aid – Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) (England and Wales)

A number of changes made to the criminal justice system, including changes to judicial review – Criminal Justice and Courts Act 2015 (England and Wales)

Welsh speakers given the right to speak Welsh in court proceedings and all public sector organisations in Wales obliged to treat Welsh and English on an equal basis - Welsh Language Act 1993

Scottish Legal Aid Board established – Legal Aid (Scotland) Act 1986 Legal aid regulations for Scotland – Advice and Assistance (Scotland)

Regulations 1996


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Scottish Courts and Tribunal Service replaced the Scottish Court Service and the Scottish Tribunals Service – Courts Reform (Scotland) Act 2015

Formal recognition given to the Scottish Gaelic language – Gaelic Language (Scotland) Act 2005

Rights of individuals who are granted asylum and the legal obligations of nations that grant asylum to access to the courts and tribunal system – Convention Relating to the Status of Refugees

Individuals who may lack the mental capacity to make their own decisions about their care and treatment protected and empowered – Mental Capacity Act 2005

Rights of suspects in custody, custody of under 18 year olds and support for vulnerable people – Criminal Justice (Scotland) Act 2016

Criminal procedure and evidence, including victims’ rights – Criminal Justice (Scotland) Act 2003

Procedure in relation to children and young people, including detention of children, right of access to legal advice, mental disorders and appeals – Criminal Procedure (Scotland) Act 1995

Various criminal justice provisions – Police, Public Order and Criminal Justice (Scotland) Act 2006 (part 3)

Welfare and finances of adults who lack capacity safeguarded– Adults With Incapacity Act (Scotland) 2000

Provision for the detention, care and treatment of people with a mental disorder – Mental Health (Care and Treatment) (Scotland) Act 2003

Position of the victim – European Convention on the Compensation of Victims of Violent Crimes Recommendation No. 85(11)

Right to complaint – CAT 13 Effective protection of women against any act of discrimination ensured

through competent national tribunals and other public institutions; women equal with men before the law – CEDAW 2(c), 15

Respect for the views of the child – CRC12 Equal recognition before the law; access to justice – CRPD 12,13 Any person whose rights or freedoms are recognised as violated shall have

an effective remedy; right to liberty and security; equality before courts and tribunals; equality before the law – ICCPR 2, 9, 14, 26




Regulators

Britain

National agreement on the arrangement for the use of interpreters, translators, and language service professionals in investigations and proceedings within the Criminal Justice System (2007)

House of Commons Public Accounts Committee; National Audit Office

England Civil Legal Advice telephone gateway service; Introduction of Police and Crime

Legal Services Board; HM Courts and Tribunal Service; HM CPS


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Commissioners; Court Estate Reform Programme, and Tribunals Service’s (HMCTS) Estates Reform Project

Inspectorate; Legal Services Board

ScotlandScottish Government’s Collaborative Framework for Interpreting, Translation and Transcription services

Scottish Legal Aid Board; Crown and Procurator Fiscal Service; Scottish Police Authority

Wales

Civil Legal Advice telephone gateway service; Introduction of Police and Crime Commissioners; Court Estate Reform Programme, and Tribunals Service’s (HMCTS) Estates Reform Project

Legal Services Board; HM Courts and Tribunal Service; HM CPS Inspectorate; Legal Services Board


JPS.EFF.2: Percentage of legal aid applications granted (all ages)

England and Wales: Legal Aid Statistics in England and Wales, Legal Aid Agency / Ministry of Justice

Gender

Scotland: Annual Report, Scottish Legal Aid Board None


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Restorative justice (SUPPLEMENTARY INDICATOR)

RATIONALE

Assessing how the State facilitates the use of restorative justice in the criminal justice system and during civil justice procedures, including its safe use and effectiveness, is an essential aspect of ensuring people’s right to a fair trial and right to liberty and security of person are respected, protected and fulfilled in Britain.

TOPICS

Restorative justice in the criminal justice system Safety and effectiveness Alternative dispute resolution and mediation

WHAT PEOPLE EXPERIENCE: THE ‘OUTCOME’Further topics

Topic Sources

Restorative justice – criminal justice (adults) by key offences, for example hate crime, and protected characteristics

Departmental and agency reports and research papers, including from the Justice Select Committee, House of Commons Justice Committee, HM Inspectorate of Constabulary, Home Office and Ministry of Justice; Restorative Justice Council; research including 2011 ICM/PRT Poll of public support for restorative justice; Restorative Justice Scotland; Safeguarding Communities – Reducing Offending (SACRO)

Restorative justice – criminal justice (children and young people)

Departmental and agency reports and research papers; police crime statistics for Scotland; Youth Justice Board; Standing Committee for Youth Justice, Scottish Children’s Reporter Administration

Community justice Home Office guidance (on Anti-Social Behaviour, Crime and Policing Act 2014); anti-social behaviour recorded by the police; Crime Survey for England and Wales data on anti-social behaviour; reports by HM Inspectorate of Constabulary and Ministry of Justice, evaluation of Neighbourhood Justice Panels and Community Justice Scotland; Restorative Justice Council; Scottish Mediation Service

Other alternative dispute resolution including mediation

National Audit Office on the use of Mediation Information and Assessment Meetings, Ministry of Justice (including the Family Mediation Task Force); Legal Aid Agency; Scottish Government; Scottish Legal Aid Board; Family Justice Young People’s Board

WHAT THE STANDARDS SAY: THE ‘STRUCTURE’ Right to a fair trial, right to liberty and security of person, and protection from

discrimination – HRA 1998 5, 6, 14 Equality and Human Rights CommissionPublished: October 2017

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Restorative justice and criminal justice (adults), other out of courts measures – Police and Criminal Evidence Act 1984 (PACE)

‘Conditional Caution’ introduced for adults and Restorative Justice included as part of the process – Criminal Justice Act 2003

Courts can use their existing powers to allow for a Restorative Justice activity to take place – Crime and Courts Act 2013

Restorative Justice can be used at the pre-sentence and post-sentence stages. A new rehabilitative activity requirement created for community orders and suspended sentence orders – Offender Rehabilitation Act 2014

Local policing bodies required to prepare a community remedy document for a person who has committed Anti-social Behaviour or an offence which will not be dealt with in court, and to consult with the victim on this – Crime and Policing Act 2014

A new national body established to oversee community justice in Scotland – Community Justice (Scotland) Act 2016

Guidance may be issued by Scottish ministers about the referral of a person who is, or appears to be, a victim in relation to an offence to Restorative Justice services – Victims and Witnesses (Scotland) Act 2014

Minimum standards established on the rights, support and protection of victims of crime – European Directive 2012/29/EU

Attitudes to the retributive juvenile justice required to change to approaches that support Restorative Justice – CRC

Respect for rights to due process and a fair trial – ICCPR Protection and equality for women at all stages of the justice system, including

in the use of Restorative Justice (see General Recommendation 33) – CEDAW

Protection and equality on the basis of race and ethnicity at all stages of the justice system, including in the use of Restorative Justice – ICERD

Restorative Justice should be carried out fairly with respect to disabled people – CRPD




Regulators

Britain National Standards for Youth Justice 2009 National Preventative MechanismEngland England and Wales Code of Practice for

the Victims of Crime (2015); Ministry of Justice Restorative Justice Action Plan;

Prisons and Probation Ombudsman for England and Wales; HM Inspectorate of Prisons; HM Inspectorate of


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Ministry of Justice code of Practice for Victims of Crime; Neighbourhood Justice Panels

Constabulary; Youth Justice Board

Scotland

Establishment of a national body, Community Justice Scotland; Scottish Executive guidance on the use of Restorative Justice; Scotland's Children's Hearing System; Scottish Government’s National Strategy for Community Justice

HM Inspectorate of Prisons for Scotland; HM Inspectorate of Constabulary in Scotland; Police Investigations and Review Commissioner

Wales

England and Wales Code of Practice for the Victims of Crime (2015); Ministry of Justice Restorative Justice Action Plan; Ministry of Justice code of Practice for Victims of Crime; Neighbourhood Justice Panels

Prisons and Probation Ombudsman for England and Wales; HM Inspectorate of Prisons; HM Inspectorate of Constabulary; Youth Justice Board


JPS.RTJ.1: Percentage of victims offered the chance to meet the offender (adults)



JPS.RTJ.2: Number of Legal Aid-supported mediation outcomes (adults)

England and Wales: Legal Aid Statistics IN England and Wales, Legal Aid Agency / Ministry of Justice

Age, Disability (including Impairment type), Ethnicity, Gender


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Rehabilitation, resettlement and reintegration (SUPPLEMENTARY INDICATOR)

RATIONALE

Assessing in how far the State meets its duties to facilitate rehabilitation, resettlement and reintegration of offenders is an essential aspect of ensuring that people’s rights to liberty and security of person, to freedom from torture and inhuman or degrading treatment, and to a private and family life are safeguarded in Britain.

TOPICS

Rehabilitation Resettlement Reintegration


JPS.RRR.1: Rates of proven reoffending or reconviction (all ages)

England and Wales: Proven reoffending statistics quarterly, Ministry of Justice

Age, Gender

Scotland: Reconviction rates in Scotland, Scottish Government

Age, Gender

Further topics

Topic Sources

Resettlement and reintegration, including Community Rehabilitation Companies (CRCs), Through the Gate resettlement services (England and Wales only), and women’s and secure children’s estate

HM Inspectorate of Probation Reports; Ministry of Justice reports; DWP data on those referred to the Work Programme; HM Inspectorate of Prisons; Howard League for Penal Reform; Prison Reform Trust; Prisoners’ Education Trust; Target Well-being and the University of Lancashire; Scottish Government; Criminal Justice Social Work Statistics

Access to rehabilitation practices in prisons (including education and vocational skills and family contact)

HM Inspectorate of Probation Reports; Ministry of Justice Statistics; Charlie Taylor review of the youth justice system; Scottish Government; Switchback; The Robertson Trust

Family involvement and impact on family life

Reports from HM Inspectorate of Probation, HM Inspectorate of Prisons, HM Chief Inspector of Prisons for Scotland; House of Commons Welsh Affairs Committee; Prison Reform Trust; Howard League for Penal Reform; data from the Scotland Prison Service

Reoffending House of Commons Library, Ministry of Justice statistics and reports on the Surveying Prisoner Crime


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Reduction survey; reports from organisations such as the Prison Reform Trust, Wilberforce Society, Centre for Crime and Justice Studies; Scottish Government reports on reoffending; reports from Audit Scotland and organisations such as Scottish Centre for Crime and Justice Research, SACRO, Shelter Scotland

WHAT THE STANDARDS SAY: THE ‘STRUCTURE’ Right to liberty and security, right to freedom from torture and inhuman or

degrading treatment, and right to a private and family life. Can also engage articles 4, 6 and 14 – HRA 1998 5, 3, 8




All public sector organisations in Wales obliged to treat Welsh and English on an equal basis. This would include materials used for rehabilitation – Welsh Language Act 1993

Offenders must as far as possible be both willing and able to lead a law-abiding and self-supporting life upon their return to society – Standard Minimum Rules for the Treatment of Prisoners 58, 65

A person is reintegrated into society following rehabilitation in prison– Rehabilitation of Offenders Act 1974; 2014

Amendments to the Rehabilitation of Offenders Act 1974, relating to changes to Scotland’s disclosure and rehabilitation of offenders regime – Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Amendment Order 2013

New filtering mechanism introduced to restrict the disclosure of old and minor convictions – Protection of Freedoms Act 2012

New systems created to support children and young people and to help identify any problems at an early stage – Children and Young People (Scotland) Act 2014

Part of the legislative framework, which governs the management of prisons in Scotland, including the Prisons (Scotland) Act 1989, and Directions made under ‘the Rules’ – The Prisons and Young Offenders Institutions (Scotland) Rules 2011

Community justice to be transformed by bringing a local perspective to community justice – Community Justice (Scotland) Act 2016

Prison authorities required to design and implement comprehensive pre- and post-release reintegration programmes that take into account the gender-specific needs of women – UN Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules) 46

Crime prevention and prevention of recidivism – Guidelines for the Prevention of Crime (Economic and Social Council resolution 2002/13) 6(d)


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Treatment of prisoners should include the essential aim of reformation and social rehabilitation. This includes the ability to be resettled in the community – ICCPR 7, 8, 17; CRC 40(1), 37

The right to security of person and protection by the State against violence or bodily harm – CERD 5(b)

Prisoners with disabilities should be able to access rehabilitation and resettlement services without discrimination – CRPD 14

Women are not to be discriminated against in the provision of housing and employment on release – CEDAW

Housing and employment support services should protect the right to equal treatment on the basis of race and ethnicity, including access to rehabilitation services – CERD

Requisite facilities, services and other necessary assistance to be provided as may further the best interests of the juvenile throughout the rehabilitation process – UN Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules) 24.1, 26.1

Socialisation and integration of all children and young persons – UN Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines) 10

Not legally binding – guidelines for international and domestic law for citizens held in prisons and other forms of custody; framework for inspection and monitoring of prisoner treatment. Particular rules apply to rehabilitation and the resettlement needs of prisoners – UN Standard Minimum Rules for the Treatment of Prisoners 58, 80, 77, 81




Regulators

Britain

UK Government policy: reoffending and rehabilitation; Transforming rehabilitation: a strategy for reform (2013); Drug strategy 2010

National Preventative Mechanism

EnglandOffender Learning and Skills Service (OLASS); Transforming Rehabilitation programme

Prisons and Probation Ombudsman for England and Wales; HM Inspectorate of Prisons; HM Inspectorate of Constabulary; Youth Justice Board

Scotland

Strategy for Justice in Scotland;New Model for Community Justice (2017); Reducing Reoffending Programme; Scottish Advisory Panel on Offender Rehabilitation

HM Inspectorate of Prisons for Scotland; HM Inspectorate of Constabulary in Scotland; Police Investigations and Review Commissioner

Wales Offender Learning and Skills Service (OLASS); Transforming Rehabilitation programme; Wales Reducing Reoffending

Prisons and Probation Ombudsman for England and Wales; HM Inspectorate of Prisons; HM Inspectorate of


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Strategy 2014–2016 Constabulary; Youth Justice Board


145


Measurement Framework for Equality and Human Rights Participation domain

5.6 Participation

Table 5.6: Participation


Outcomes21 -- the future we want


Topics

To participate in decision-making and in communities, access services, know your privacy will be respected, and express yourself.

Every person should be capable of: Participating in democratic,

free and fair elections, and in the formulation of government policy, locally and nationally

Participating in making decisions affecting their own life independently

Participating in the local area Getting together with others,

peacefully Forming and joining civil

organisations and solidarity

The rights to democratic, free and fair elections, and freedom of expression, assembly and association are respected, protected and fulfilled

People can influence decisions that affect them

People trust their neighbours

People are free to form and join civil organisations and solidarity groups, including trade unions

Transport, digital and financial services, culture, leisure and

Political and civic participation and representation

Voting Political participation and freedoms of

expression, assembly and association Ability to influence decisions in local area Civic participation, including public

appointments and volunteering Trades unions, legislation and membership

Access to services

Access to transport Access to digital services Barriers to financial access and vulnerability to

fraud Access to culture, leisure and sport

Privacy and surveillance

Internet use and awareness of privacy settings Treatment of personal data Adequacy of the legislative and regulatory

frameworkSocial and community cohesion

Trust and sense of belonging in the local neighbourhood

Social and community cohesion, building relationships to counter radicalisation and





groups, including trade unions Accessing and using transport,

digital and financial services, culture, leisure, sport and public places

Knowing their privacy will be respected

Engaging in religious and cultural practices

Forming and enjoying friendships and relationships, including marriage

sport and public places are available and accessible to all

Privacy is respected People are free to form,

maintain and end relationships of their choosing

extremism Community interaction and use of ‘shared

spaces’Family life Freedom to form relationships

Immigration and the right to family life Children and adults in social care settings





Political and civic participation and representation (CORE INDICATOR)

RATIONALE

Voting and involvement in formal public life are the fundamental tenet of democratic life and feature in many international treaties. This indicator provides a general overview of empowerment and involvement in helping to shape politics locally or nationally. It also looks at civic participation and trade unions.

TOPICS

Voting Political participation and freedoms of expression, assembly and association Ability to influence decisions in local area Civic participation, including public appointments and volunteering Trades unions, legislation and membership


PPN.PCP.1: Percentage voting in general elections (adults)

Great Britain: Post-election survey, British Election Study

Age, Disability, Ethnicity, Gender, Marital or civil partnership status, Religion, Socio-economic group

PPN.PCP.2: Percentage undertaking one or more of a number of political activities (adults)

England: Community Life Survey, Cabinet Office


Scotland: Scottish Social Attitudes Survey, ScotCen


Wales: British Social Attitudes Survey, NatCenAge, Disability, Ethnicity, Gender, Marital or civil partnership status, Religion, Socio-economic group

Further topics

Topic Sources


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Elected representatives, for example Members of Parliament, Members of the Scottish Parliament, Members of the National Assembly for Wales

UK Parliament; House of Commons Library; Scottish Government; Commissioner for Ethical Standards; Engender; Scottish Parliament; Inclusion Scotland

Voting age and exclusion of prisoners from voting Electoral Commission reports;country reports on local councils

People who are disenfranchised, voter registration and voting accessibility; access to the election process; feeling able to influence decisions affecting the local area

As above, plus specialised NGO reports, and measures on feeling able to influence decisions affecting the local area from published reports from Community Life Survey (England), Scottish Household Survey and National Survey of Wales

Issues relating to freedoms of expression, and of assembly and association, for example the right to protest including demonstrations, surveillance, crowd control

Legal cases; Joint Committee on Human Rights

Barriers to civic participation, including public appointments and volunteering

Legal cases; House of Commons Committees; International Labour Organisation; Commissioner for Public Appointments; ONS; Children's Commissioners; JRF

Trades unions, legislation and membership Legal cases; House of Commons committees; International Labour Organisation; Trade union statistics from DBEIS and TUC

WHAT THE STANDARDS SAY: THE ‘STRUCTURE’ Freedom of expression; freedom of assembly and association; right to free

elections; prohibition of discrimination – HRA 1998 10; 11; 14; Protocol 1, art. 2, 3


Regulations placing specific duties on listed public authorities to enable them to better perform their public sector equality duty – Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012 (as amended in 2015 and 2016)




149



Rules on public processions in Scotland – The Civil Government (Scotland) Act 1982

Trade union rights – International Labour Organisations Conventions British labour law regulated, including defining trade union – Trade Union and

Labour Regulations (Consolidation) Act 1992 Trade Union Membership and related charges records – Trade Union and

Labour Regulations (Consolidation) Act 1992 Scottish Parliament can legislate on equal opportunities as long as it does not

modify the Equality Act 2010 itself – Scotland Act 1998, S. L2, Part II Sch 5 (as amended by Scotland Act 2016)

Industrial action will be lawful only when there has been a ballot turnout of at least 50% – Trade Union Act 2016

Changes to the British electoral process – Representation of the People Act 1983; 2000

UK electoral process altered – Electoral Administration Act 2006 Functions and procedures of local authorities changed (England and Wales)

Local Government Act 1971; 2000 Created new rights for community bodies and placed new duties on public

authorities (Scotland) – Community Empowerment (Scotland) Act 2015 States parties permitted to take ‘temporary special measures’; right to vote, be

elected; participation in non-governmental organisations in public and political life; the opportunity to represent their governments – CEDAW 4, 7(a), (c), 8

Political rights, voting, standing for election; taking part in public affairs; peaceful assembly and association; right to form and join trade unions – CERD 5(c), d(ix), e(ii)

Freedom to exercise trade union rights; participation in political and public life – CRPD 27, 29

Freedom of expression; right of peaceful assembly; freedom of association including trade unions; right to take part in public affairs, to vote and be elected and to take part in public service – ICCPR 19, 21, 22, 25(a), 25(b)

Right to join trade unions and to strike – ICESCR 8 Latest principles established in case law.

HOW THE STANDARDS ARE IMPLEMENTED: THE ‘PROCESS’Implementation and evaluation of public policy

Regulators

BritainConstruction Workers Compensation Scheme

Charity Commission; Parliamentary Parties Panel

England Together in Service; Youth United Electoral Commission

Scotland Access to Elected Office Fund

Electoral Commission; Scottish Charity Regulator; Scottish Parliament Political Parties Panel; Commissioner for Ethical Standards in Public Life in Scotland; Scottish Public Services Ombudsman

Wales Procurement Advice Note on blacklisting; Welsh Government’s ‘Diversity in

Electoral Commission


150



Democracy’ programme (2014-17)

Access to services (CORE INDICATOR)

RATIONALE

Access to services such as transport, internet, leisure, culture and sport, finance, banking and insurance allows people to participate in everyday life. Lack of access can impact on many other capabilities such as standard of living, education, employment and health and can lead to social isolation.

TOPICS

Access to transport Access to digital services Barriers to financial access and vulnerability to fraud Access to culture, leisure and sport


PPN.ACS.1: Percentage who have used the internet (adults)

Great Britain: Opinions and Lifestyle Survey Internet access module, ONS

Age, Disability, Ethnicity, Gender, Marital or civil partnership status, Socio-economic group

PPN.ACS.2: Percentage doing sport or exercise in last four weeks (adults)

England: Taking Part Survey, Department for Digital, Culture, Media and Sport


Scotland: Scottish Household Survey, Scottish Government


Wales: Active Adult Survey / National Survey for Wales, Welsh Government

Age, Disability (including Impairment type), Ethnicity, Gender, Marital or civil partnership status, Pregnancy, Religion, Sexual orientation, Socio-


151



economic groupFurther topics

Measure Sources of evidence

Barriers to financial access; vulnerability to fraud

Reports by Financial Inclusion Commission; other NGO and research publications; British Banking Association Vulnerability Task Force

Access to transport Parliamentary inquires and reports; government reports; CRPD general comments; EHRC submission to CRPD; other research by NGOs (for example Campaign for Better Transport); National travel survey; Citizens Advice Scotland

Digital accessibility Parliamentary reports; Extra Costs Commission; Deafblind Scotland; Citizens Advice Scotland

Access to culture, leisure, sport

Parliamentary reports; Leonard Cheshire/ ComRes; Department for Digital, Culture, Media and Sport: CASE Programme; Carnegie Trust

Isolation as a result of inaccessible services

Campaign for Better Transport; Transport Scotland; UK Independent Mechanism

WHAT THE STANDARDS SAY: THE ‘STRUCTURE’ Prohibits unlawful discrimination, harassment and victimisation on the basis of

protected characteristics including disability in a wide variety of fields, including the provision of services and associations – Equality Act 2010


Proposal for EU Directive on laws, regulation and administrative provisions of Member States as regards the accessibility requirements for products and services – European Accessibility Act

Local transport authorities should provide information about bus services including information about facilities for disabled people – Transport (Scotland) Act 2001

Statutory access rights to most land and inland water if exercise them responsibly by respecting privacy, safety, livelihood and environment – Land Reform (Scotland) Act 2003 Part 1

Scottish Parliament can legislate on equal opportunities as long as it does not modify the Equality Act 2010 itself – Scotland Act 1998, 29 (1, 2); 57 (2); s. l2 Part II Sch 5 (as amended by Scotland Act 2016)

Accessibility in relation to the built environment, public transport, services and information; freedom of expression and opinion, and access to information; adequate standard of living and social protection; participation in cultural life, recreation, leisure and sport – CRPD 9, 21, 28, 30

Right of everyone to social security, including social insurance; adequate food, clothing and housing; highest attainable standard of physical and mental health – ICESCR 9, 11, 12


152



Right to health and health services; right to social security – CRC 24, 26 Equality before the law – CERD 5 Economic and social rights (inclusing benefits, bank loans, finances and

participation in recreational activities, sports and all aspects of cultural life); rights of women in rural areas (inclusing access to community activities, transport and communications) – CEDAW 4; 12




Regulators

BritainDigital inclusion strategy (2014); UK Access for All Programme (transport)

Financial Conduct Authority

England

Department of Transport Accessibility Action Plan; The Public Service Accessibility Regulations (amended 2004); Sporting Future: A New Strategy for an Active Nation (2015)

Scotland

Scotland’s Digital Future; Social Inclusion and Poverty Reduction Strategic Intervention: Reaching Higher national strategy for sport; Accessible Transport Strategy and Action Plan for Scotland 2015-2020

Scottish Public Sector Ombudsman; Mobility and Access Committee for Scotland

WalesDigital Inclusion Charter; Welsh National Transport Finance Plan (2015)


153



Privacy and surveillance (CORE INDICATOR)

RATIONALE

Privacy and surveillance, including the collection, use, tracking, retention and disclosure of personal data, is a key human rights concern.

TOPICS

Internet use and awareness of privacy settings Treatment of personal data Adequacy of the legislative and regulatory framework


PPN.PRV.1: Percentage who limit access to their profile or content on social networking sites (adults)



PPN.PRV.2: Percentage who have experienced abuse of personal information (adults)



Further topics

Topic Sources

Internet use and public awareness of privacy settings

We Are Social figures on internet use; Deloitte’s Data Nation Survey and ICO’s Annual Track survey for public opinion on how secure they think their personal information is

Treatment of personal data collected and used by the State

House of Commons reports on role of UK government protecting information; ICO records of enforcement activity; Investigatory Powers Commissioner; Open Rights Group

Adequacy of the legislative and regulatory framework

Various official documents, including from Intelligence Security Committee investigations, EU Parliament, Commission’s own reviews of legislation; Investigatory Powers Review; key legal cases


154



WHAT THE STANDARDS SAY: THE ‘STRUCTURE’ Right to respect for private and family life; protection from discrimination –

HRA 1998 8; 14; ECHR 8 Prohibits unlawful discrimination, harassment and victimisation on the basis of




Legal sanction for a range of surveillance and data collection powers, and new penalties introduced for the wrongful examination of data – Investigatory Powers Act 2016

Law on the processing of data on identifiable living people defined; data protection governed – Data Protection Act 1998

Right to privacy – ICCPR 17 No arbitrary interference in privacy, family, home or correspondence – CRC

16 Respect for privacy – CRPD 22 Latest principles established in case law.



Regulators

Britain

’Privacy by design’ guidance (Information Commissioner’s Office); General Data Protection Regulation; Covert surveillance and covert human intelligence codes of practice

Investigatory Powers Commissioner; Information Commissioner’s Office; Intelligence Services Commissioner

EnglandScotland Scottish Information Commissioner


155



Social and community cohesion (SUPPLEMENTARY INDICATOR)

RATIONALE

Levels of social and community cohesion, including the quality of people’s social networks, neighbourhood trust and how people interact in shared spaces help to assess the quality of social relations in Britain, an important element of societal well-being.

TOPICS

Trust and sense of belonging in the local neighbourhood Social and community cohesion, building relationships to counter

radicalisation and extremism Community interaction and use of ‘shared spaces’


PPN.CSN.1: Percentage who agree most people / most people in their neighbourhood can be trusted (adults)







PPN.CSN.2: Percentage who agree they belong in their immediate neighbourhood / local area (adults)



Scotland: Scottish Household Survey, Scottish Age, Disability (including Impairment


156



Government

type), Ethnicity, Gender, Marital or civil partnership status, Religion, Sexual orientation, Socio-economic group



Further topics

Topic Sources

Availability of support for and barriers to engaging with the local community

Mencap; Parliamentary reports such as Joint Committee on Human Rights; House of Commons Transport Committee

Feeling safe in the local area (when walking alone during the day or at night)

Crime Survey for England and Wales; Scottish Crime and Justice Survey

Barriers to social and community cohesion, building relationships to counter radicalisation and extremism

UK Government; Scottish Government; local authority and parliamentary reports; Casey Review; Welsh Government guidance on developing community cohesion; British Academy; Economic and Social Research Council; Migration Observatory; JRF; Equality and Diversity Forum; European Commission against Racism and Intolerance report on the UK (2016)

WHAT THE STANDARDS SAY: THE ‘STRUCTURE’ Right to respect for private and family life; freedom of thought, conscience and

religion; prohibition of discrimination – HRA 1998 8; 9; 14; ECHR 8 Duty on public authorities to have due regard to the need to foster good

relations – Equality Act 2010 Regulations placing specific duties on listed public authorities to enable them

to better perform their public sector equality duty – The Equality Act 2010 (Specific Duties) Regulations 2011; Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012 (as amended in 2015 and 2016)

Scottish Parliament can legislate on equal opportunities as long as it does not modify the Equality Act 2010 itself – Scotland Act 1998, 29 (1, 2); 57 (2); s. l2 Part II Sch 5 (as amended by Scotland Act 2016)

Building standards – The Building (Scotland) Act 2003 Range of measures to deal with anti-social behaviour – Anti-Social Behaviour

Act 2004


157



Community bodies empowered through the ownership of land and buildings and their voices in the decisions and services that matter to them strengthened – Community Empowerment (Scotland) Act

Public services boards established for each local authority area in Wales. Each public service board must improve the economic, social, environmental and cultural well-being of its area by working to achieve the well-being goals – Well-being of Future Generations (Wales) Act

Accessibility; facilitation of relationships with people in the community; participation in cultural life, recreation, leisure and sport – CPRD 9, 19(b), 30

Freedom of thought, conscience and religion – ICCPR18 Equality and non-discrimination – CERD 1, 2, 3, 4, 5(f) All appropriate measures to eliminate discrimination against women –

CEDAW 13, 14 Right to special care and support for disabled children – CRC 23 Latest principles established in case law.



Regulators

BritainUK-wide Prevent strategy (and wider counter-terrorism strategy CONTEST)


EnglandCommunities fund; Controlling migration fund (DCLG)

Scotland Community Empowerment Action Plan Scottish Public Services Ombudsman

WalesFuture Generations Commissioner for Wales


158



Family life (SUPPLEMENTARY INDICATOR)

RATIONALE

Freedom to enjoy a family life is recognised in domestic human rights legislation and international treaties. Assessing the degree to which people have the freedom to choose and form their own relationships, marry and start a family, and maintain a family life, are essential aspects of ensuring people’s right to respect for private and family life is respected, protected and fulfilled in Britain.

TOPICS

Freedom to form relationships Immigration and the right to family life Children and adults in social care settings


Topic Sources

Looked after children UK Government and Parliamentary reports; organisations such as NSPCC

Adults with long-term care needs who receive personal care at home

Reports from the NHS, Scottish Government and NICE

Freedom to form relationships, including issues such as same-sex marriage and forced marriage, and where the person lacks mental capacity to make certain decisions for themselves.

British Institute of Human Rights advocacy cases; Forced Marriage Unit; Home Office action plan on tackling violence against women and girls; ONS Opinions and Lifestyle Survey 2009; Mencap

WHAT THE STANDARDS SAY: THE ‘STRUCTURE’ Right to respect for private and family life, home and correspondence; right to

marry and found a family; freedom of thought, belief and religion: Protection from discrimination – HRA 1998 8; 9; 12; 14; ECHR 8; 12




Legislative framework for children protection – Children (Scotland) Act 1995 Framework for safeguarding the welfare and financial affairs of adults who

lack capacity – Adults with Incapacity (Scotland) Act 2000 Law about adoption – Adoption and Children (Scotland) Act 2007


159



Measures to prevent unsuitable adults from working with children and vulnerable adults – Protection of Vulnerable Groups (Scotland) Act 2007


Duty for councils to assess a person’s community care needs and decide whether to arrange any services – Social Work (Scotland) Act 1968

Free personal care for older people and rights for informal or unpaid carers – Community Care and Health (Scotland) Act 2002

Civil partnerships for same sex couples introduced – Civil partnership Act 2004

Rights in relation to property, responsibility for children, damages for marriage, civil partnership, divorce and changes to the jurisdiction of the courts – Family Law (Scotland) Act 2006

Forced Marriage Protection Orders – Forced Marriage (Civil Protection) Act 2007

A legal framework for acting and making decisions on behalf of adults who lack the capacity to make particular decisions for themselves (England and Wales) – Mental Capacity Act 2005

Children’s hearing – Children’s Hearings (Scotland) Act 2011 Provision relating to arranging of care and support, like community care

services and children’s services – Social Care (Self-Directed Support) (Scotland) Act 2013

Legalised same-sex marriage – Marriage (Same Sex Couples) Act 2013; Marriage and Civil Partnership (Scotland) Act 2014

Right to respect for private and family life – ECHR 8 Marriage and family life – CEDAW 16 Extend protection to children’s relationships with their parents; no arbitrary

interference in privacy, family, home or correspondence; provision of special protection and assistance to children deprived of family environment, ensuring alternative care; system of adoption – CRC 9, 10, 16, 20, 21

Living independently and being included in the community; respect for home and the family – CRPD 19, 23

Freedom to marry, and necessary protection of children – ICCPR 23 Latest principles established in case law.



Regulators

England CQC

ScotlandGetting it right for looked after children and young people

Care Inspectorate; Children and Young People’s Commissioner Scotland

Wales Care Inspectorate


160




PPN.FAM.1: Percentage of looked after children in placements close to their home (children)

England: Children looked after placements, Ofsted; Children looked after in England including adoption, Department for Education


Scotland: Children's Social Work Statistics Scotland, Scottish Government

Age, Disability, Ethnicity, Gender

Wales: Children looked after, Welsh Government Age, Ethnicity, Gender


161


Measurement Framework for Equality and Human Rights Other frameworks

Other frameworks

6 | Other frameworks

There are various other national and international frameworks that are relevant for equality and human rights monitoring. In this chapter, we present five specific frameworks and show why they are relevant to our own framework and how they overlap:

Human rights standards The Scottish Government’s National Performance Framework The national indicators for Wales ONS’s measures of national well-being The Sustainable Development Goals.

Ensuring that frameworks support each other and link closely will help to provide a coherent picture of progress, and will enable public bodies to work together to advance on equality and human rights. Alignment will enable opportunities for integrated monitoring and reporting mechanisms to contribute to a joined-up approach across different sectors.

6.1 Human rights standards

As we described above, especially in section 3.3, our understanding of human rights is very much shaped by the human rights standards as set out in UK law and international treaties.

In particular, the human rights standards set out in the HRA and the UN treaties are among the most important building blocks of our Measurement Framework, and therefore there is a clear link between these standards and each indicator included in our framework (see Table 6.1).

The Human Rights Act 1998


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Other frameworks

The HRA sets out the fundamental rights and freedoms that everyone in the UK is entitled to. It has three main effects:

It incorporates the rights set out in the ECHR into domestic UK law. This means that if an individual’s human rights have been breached, they can take their case to a UK court rather than having to seek justice from the European Court of Human Rights in Strasbourg.

It requires all public bodies (such as courts, police, local authorities, hospitals and publicly funded schools) and other bodies carrying out public functions to respect and protect an individual’s human rights.

In practice it means that Parliament will nearly always seek to ensure that new laws are compatible with the rights set out in the ECHR (although ultimately Parliament is sovereign and can pass laws which are incompatible). The courts will also, where possible, interpret laws in a way which is compatible with Convention rights.

The Convention Rights are included in Schedule I of the Act23: Article 2 Right to life; Article 3 Freedom from torture and inhuman or degrading treatment; Article 4 Freedom from slavery and forced labour; Article 5 Right to liberty and security; Article 6 Right to a fair trial; Article 7 No punishment without law; Article 8 Respect for an individual’s private and family life, home and correspondence; Article 9 Freedom of thought, belief and religion; Article 10 Freedom of expression; Article 11 Freedom of assembly and association; Article 12 Right to marry and start a family; Article 14 Protection from discrimination in respect of these rights and freedoms; Protocol 1, Article 1 Right to peaceful enjoyment of property; Protocol 1, Article 2 Right to education; Protocol 1, Article 3 Right to participate in free elections; and Protocol 13, Article 1 Abolition of the death penalty.

UN treaties

One of the Commission’s core tasks as a National Human Rights Institution is to monitor the UK’s compliance with the following seven UN human rights treaties that it has signed and ratified:

23 Articles 1 and 13 of the ECHR do not feature in the Act. This is because the HRA in itself fulfils these rights. For example, Article 1 says that states must secure the rights of the Convention in their own jurisdiction. The HRA is the main way of doing this for the UK. Equally, Article 13 ensures that if people’s rights are violated they are able to access effective remedy – this means they can take their case to court to seek a judgment. The HRA is designed to ensure that this happens.Equality and Human Rights CommissionPublished: October 2017

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Other frameworks

International Covenant on Civil and Political Rights (ICCPR)

International Covenant on Economic, Social and Cultural Rights (ICESCR)

International Convention on the Elimination of All Forms of Racial Discrimination (CERD)

Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment (CAT)

Convention on the Rights of the Child (CRC)

Convention on the Rights of Persons with Disabilities and its Optional Protocol (CRPD)

Although the rights contained in these treaties are not directly legally enforceable in UK courts, they do constitute binding obligations in international law. By ratifying the treaties, the UK has pledged to make sure that its domestic laws and policies comply with them. This means that the Commission, Parliament and civil society can hold the UK, Scottish and Welsh Governments accountable against the terms of the treaties.

Wales and Scotland

The Scotland Act 1998 stipulates that:

a provision of an Act of the Scottish Parliament is not law so far as it is incompatible with ECHR rights, and

a member of the Scottish Government has no power to make any subordinate legislation or to carry out any other act, so far as the legislation or act is incompatible with ECHR rights.

The Children and Young People (Scotland) Act (2014) also places a duty on Scottish Ministers to keep under consideration the requirements of the CRC.

The Government of Wales Act 2006 stipulates that:


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Other frameworks

a provision of an Act of the Assembly is outside the Assembly’s legislative competence if it is incompatible with ECHR rights, and

Welsh Ministers cannot act incompatibly with these rights.

The Rights of Children and Young Persons (Wales) Measure (2011) provides a statutory duty for Welsh Ministers to have due regard to Part 1 of the CRC.


165



Table 6.1: Relevance of human right standards for our Measurement Framework

Measurement Framework Human rights standardsDomain Indicator Human Rights Act UN treaty, article, issueEducation Educational

attainment of children and young people

Protocol 1, Article 2 Right to education, Article 14 Protection from discrimination

CEDAW 10 Elimination of discrimination against women and girls in educationCERD 5ev Right to education and trainingCRC 28 Right to education, 29 the purpose of educationCRPD 24 Right to educationICESCR 13 Right to education

School exclusions, bullying and NEET


Work Employment Not explicitly covered in Act; no right to work directly enforceable in UK courts

CEDAW 11b, 11c, 11 (2) Right to same employment opportunities and right to free choice of profession and employment; prevention of discrimination against women on grounds of marriage and pregnancyCERD 5e (i) Right to work and free choice of employmentCRPD 27 Right of persons with disabilities to work on equal basis with othersICESCR 6, 7a (11), 7b Right to work of free choice and being able to earn a living; right of all workers to have decent work; right for all workers to have safe and healthy working conditions

Earnings CEDAW 11d Right to equal remuneration in respect of work of equal payCERD 5e (i) Right to equal pay for equal work and to just and favourable renumerationCRPD 27 Right of persons with disabilities to work on an equal basis with othersICESCR 7a (i) Right to fair wages and remuneration for work of equal value, Art 3 equal right of men and women to enjoy ESCR

Occupational segregation

CEDAW 11c Right to free choice of profession and employmentCRPD 27 Right of persons with disabilities to work on an equal basis with othersICESCR 7c Right of everyone to be promoted in his employment to an appropriate higher level

Forced labour and trafficking

Article 4 Freedom from slavery and forced labour, Article 14 Protection from discrimination

ICCPR 8 Prohibition of slavery and enforced servitudeCEDAW 6 Suppression of trafficking of womenCRPD 16 Freedom from exploitation, violence and abuseCRC - Article 8 the right to identity, Art 9 separation of children from their parents, Art 11 the obligation to combat the illicit transfer of children; Optional Protocol to the CRC on the sale of children, child prostitution and child pornography





Living Standards

Poverty Not explicitly covered in Act though can engage Articles 2, 3, 8 and 14, plus Section 6 makes it unlawful for a public authority to act in a way that is incompatible with a Convention right.

CEDAW 11e Social securityCERD 5eiv Right to social security and social servicesCRC 26 Right to social securityCRC 27 Adequate standard of livingICESCR 9 Right to social securityICESCR 11 Adequate food, clothing and housing

Housing

Social care (see below)

CERD 5eiii Right to housingCRC 27 Right to an adequate standard of living, including housingCRPD 19 Adequate standard of living; Live independently and be included in the communityICESCR 11 Adequate food, clothing and housingCEDAW 13 Discrimination against women in economic and social spheres. CRC 23 Right of disabled child to special careCRPD16 Freedom from exploitation, violence and abuseCRPD 19 Live independently and be included in the communityCRPD 20 Personal mobility

Health Social care

Health outcomes

HRA does not include a standalone article that codifies the right to health. However, issues can engage Articles 2, 3, 8, 9, and 14. Section 6 makes it unlawful for a public authority to act in a way which is incompatible with a Convention right.

CRC 23 Right of disabled child to special careCRPD16 Freedom from exploitation, violence and abuseCRPD 19 Live independently and be included in the communityCRPD 20 Personal mobilityCRPD 25 Right to highest attainable standard of health and health services.CEDAW 12, 14 Healthcare services and family planning, healthcare for rural women.CERD 5 Right to public care and medical care.CRC 3,17,23, 24,25 Healthcare of children, children’s access to information and material aimed at the promotion of his or her social, spiritual and moral well-being and physical and mental health, health of disabled children, children’s access to healthcare services, children in care and mental health.ICESCR 12 Highest attainable standard of physical and mental healthICCPR 6 Inherent right to life.


CRPD 12, 13, 14 Equal recognition before the law, Access to justice, Liberty and security of the person.CEDAW 12, 14 Healthcare services and family planning, healthcare for rural women.CERD 5 Right to public care and medical care.CRC 3,17,23, 24,25 Healthcare of children, children’s access to information and material aimed at the promotion of his or her social, spiritual and moral well-being and physical and mental health, health of disabled children, children’s access to healthcare services, children in care and mental health.ICESCR 12 Highest attainable standard of physical and mental healthICCPR 18 Freedom of conscience, thought and religion





Mental health CRPD 12, 13, 14 Equal recognition before the law, Access to justice, Liberty and security of the person. CEDAW 12, 14 Healthcare services and family planning, healthcare for rural women.CERD 5 Right to public care and medical care.CRC 3,17,23, 24,25 Healthcare of children, children’s access to information and material aimed at the promotion of his or her social, spiritual and moral well-being and physical and mental health, health of disabled children, children’s access to healthcare services, children in care and mental health.ICESCR 12 Highest attainable standard of physical and mental healthThe UN Committee Against Torture 6,10,11 Articles cover information about torture and treatment in custody


Article 12 (right to start a family). Articles 2 (right to life), 8 (right to respect for family life), Article 3 (torture) and potentially relevant Articles 6 (right to a fair trial) and 14 which provides for non-discrimination in the enjoyment of these rights. Section 6 makes it unlawful for a public authority to act in a way which is incompatible with a Convention right.

ICESCR 12 Highest attainable standard of physical and mental healthCEDAW 12 and 16 Access to appropriate health care services, including those related to family planning, right to decide on the number and spacing of children.CRPD 23(1)(b) and (c) Right of persons with disabilities to sexual and reproductive health; reproductive rights ICCPR 6 Right to life, 7 prohibition of torture, 18 freedom of thought, conscience, and religion, and 17 right to privacy


Article 2, 3, 8, 9, 14, Right to life; prohibition on torture, inhuman or degrading treatment or punishment; right to family and social

CCPR Article 7 and 10, Article 6 right to lifeUN CAT Right to freedom from torture or inhuman or degrading treatment.ICESCR 12 Highest attainable standard of physical and mental healthICCPR 18 Freedom of thought, conscience, and religion





life; freedom of thought, belief, religion; freedom from discrimination. Section 6 makes it unlawful for a public authority to act in a way which is incompatible with a Convention right.

Justice and personal security


Article 5 Right to liberty and security of person. Can also engage articles 2, 3, 9, and 14

CAT 1 Freedom from tortureCAT 10 Education and training regarding prohibition of torture for those who may be involved in custody, interrogation or treatment of those subject to arrest, detention or imprisonment CAT 11 Review arrangements for custody and treatment, with view to preventing tortureCAT 13 Right to complaint OPCAT Optional Protocol to the Convention Against Torture. Establishes a system of monitoring to all places where persons are deprived of their liberty by independent monitoring bodies in line with OPCAT and SPT guidanceICCPR 9, 10, 18 Everyone has the right to liberty and security of person; deprivation of liberty (by third parties empowered by the State); freedom of thought, conscience and religionCERD 5(b) The right to security of person and protection by the State against violence or bodily harmCRPD 14/15 Liberty and security of the person/Freedom from torture, cruel inhuman treatmentCRC 9(3), 37, 40 Contact with parents, deprivation of liberty, freedom from torture, treatment with dignity and respect

Hate crime, homicides, sexual and domestic abuse

Article 2, Right to life. Can also engage article 3, 5, 8, 9, 10 and 14

CAT 1 Freedom from tortureCERD 5(b) The right to security of person and protection by the State against violence or bodily harm. Can also engage article 1.CRPD 14, 15 Liberty and security of the person, freedom from torture, cruel inhuman treatmentCRC 19, 34, 37 Freedom from tortureICCPR 6, 7, 18, 19, 27 Right to life, Freedom from torture and cruel inhuman or degrading punishment; Freedom of thought, conscience and religion, Freedom of expressionCEDAW 1-6, GR 19 Definition of discrimination includes gender-based violenceICESCR 10 Family life


Article 5 and 6 Right to liberty and security of person, right to a fair trial. Can also engage

CAT 13 Right to complaint CEDAW 2c, 15 To ensure through competent national tribunals and other public institutions the effective protection of women against any act of discrimination; Women equal with men before the lawCERD 5a, 6 The right to equal treatment before the tribunals and all other organs administering





articles 7, and 14 justice; effective protection and remedies, through the competent national tribunals and other State institutionsCRC 12 Respect for the views of the childCRPD 12, 13 Equal recognition before the law; access to justiceICCPR 2, 9, 14, 26 That any person whose rights or freedoms as herein recognized are violated shall have an effective remedy; right to liberty and security; equality before courts and tribunals; equality before the law

Restorative justice

Article 6, Right to a fair trial. Can also engage article 5, right to liberty and security of person, and article 14, protection from discrimination

The CRC requires changing attitudes to the retributive juvenile justice to approaches that support Restorative Justice.The International Covenant on Civil and Political Rights (ICCPR) The ICCPR commits its parties to respect the civil and political rights of individuals, including rights to due process and a fair trial.The Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) CEDAW requires protection and equality for women at all stages of the justice system, including in the use of Restorative Justice (see GR 33).The International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) ICERD requires protection and equality on the basis of race and ethnicity at all stages of the justice system, including in the use of Restorative Justice.Convention on the Rights of Persons with Disabilities (CRPD) Restorative Justice should be carried out fairly with respect to disabled people.

Rehabilitation, resettlement and reintegration

Articles 5,3,8, Right to liberty and security, right to freedom from torture and inhuman or degrading treatment, and right to a private and family life. Can also engage Articles 4, 6 and 14

CAT 1 Freedom from tortureICCPR 7, 8, 17 Treatment of prisoners should include the essential aim of reformation and social rehabilitation. This includes the ability to be resettled in the community.CERD 5(b) The right to security of person and protection by the State against violence or bodily harmCRPD 14 Liberty and security of the person. Prisoners with disabilities should be able to access rehabilitation and resettlement services without discrimination.CRC 40(1), 37 The Covenant states that the treatment of prisoners should include the essential aim of reformation and social rehabilitation; this would include the ability to be resettled in the community.CEDAW Detention facilities should adopt gender sensitive approaches to ensure equality for women; this would include ensuring that women are not discriminated against in the provision of housing and employment on release. ICERD Prison services should protect the right to equal treatment on the basis of race and ethnicity, including access to rehabilitation services. Housing and employment support services should protect the right to equal treatment on the basis of race and ethnicity, including access to rehabilitation services.

Participation Political and civic participation and representation

Articles 10, 11 Freedom of expression;

CEDAW 4, 7a, c, 8 Permits states parties to take “temporary special measures”; Right to vote, be elected; participation in non-governmental organisations in public and political life; the opportunity to represent their governments





Freedom of association; Protocol 1, Article 3 Right to participate in free elections, Article 14 Protection from discrimination

CERD 5; 5c; 5dix; 5eii Political rights, voting, standing for election; taking part in public affairs; peaceful assembly and association; right to form and join trade unionsCRPD 27; 29 Freedom to exercise trade union rights; Participation in political and public lifeICCPR 19; 21; 22; 25 a & b; Freedom of expression; Right of peaceful assembly; Freedom of association including trade unions; right to take part in public affairs, to vote and be elected and to take part in public serviceICESCR 8 Right to join trade unions and to strike

Access to services

- CRPD 9 and 21, 28, 30 Accessibility in relation to the built environment, public transport, services and information; Freedom of expression and opinion, and access to information; Adequate standard of living and social protection; Participation in cultural life, recreation, leisure and sportICESCR 9, 11, 12 Right of everyone to social security, including social insurance; adequate food, clothing and housing; highest attainable standard of physical and mental healthCRC 24, 26 Right to Health and health services; Right to social securityCERD 5 Equality before the lawCEDAW 12, 4 Economic and social rights (incusing. benefits, bank loans, finances and participation in recreational activities, sports and all aspects of cultural life); Rights of women in rural areas (inclusing access to community activities, transport and communications)


Article 8, Right to respect for private and family life, Article 14 Protection from discrimination

ICCPR 17 Right to privacyCRC 16 no arbitrary interference in privacy, family, home or correspondenceCRPD 22 Respect for privacy

Social and community cohesion

Article 8 Right to private and family life, home and correspondence; Article 14 Protection from discrimination, can also engage Article 9

ICCPR 18 Freedom of thought, conscience and religionCRPD 9, 19b, 30 Accessibility ; Facilitation of relationships with people in the community; Participation in cultural life, recreation, leisure and sportCERD 1, 2, 3, 4, 5(f) Equality and non-discrimination CEDAW 13, 14 All appropriate measures to eliminate discrimination against women; appropriate measures to eliminate discrimination against women in rural areasCRC 23 Right to special care and support for disabled children

Family life Article 8, 12 Respect for your private and family life, home and correspondence, Right to marry and

CRC 9 (1, 3,4) no separation unless in best interests of child, right to maintain personal relations and direct contact with parents if separated, right to request information where separation results from action initiated by State (that is death, detention, deportation)CRC 10 family reunification dealt with in humane manner, right to contact with parents in different StatesCRC 16 no arbitrary interference in privacy, family, home or correspondence





start a family; Article 14 Protection from discrimination

CRC 20 provision of special protection and assistance to children deprived of family environment, ensuring alternative careCRC 21 system of adoption must ensure that best interests are paramount considerationCRPD 19, 23 Specific protections for disabled people in all matters relating to marriage, parenthood and relationshipsICCPR 23 Freedom to marry, and necessary protection of childrenCEDAW Marriage and family life





Other frameworks

6.2 Scottish Government’s National Performance Framework

The National Performance Framework provides a vision for Scotland with broad measures of national well-being covering a range of economic, health, social and environmental indicators and targets. This is measured in five parts which support and reinforce each other:

The Scottish Government's purpose sets out the direction and ambition for Scotland which is ‘to focus government and public services on creating a more successful country, with opportunities for all of Scotland to flourish, through increasing sustainable growth’

Purpose targets are high level targets around growth, productivity, participation, population, solidarity, cohesion and sustainability

Strategic objectives describe where the Scottish Government will focus its actions – wealthier and fairer; smarter; healthier; safer and stronger; greener

16 national outcomes describe what the Scottish Government wants to achieve and the kind of Scotland it wants to see, for example ‘We live our lives safe from crime, disorder and danger’

55 national indicators enable the Scottish Government to track progress towards the purpose and national outcomes.

Overlap with our Measurement Framework

There is considerable overlap between our Measurement Framework and the Scottish Government’s National Performance Framework. There are 20 national indicators in the Scottish Government’s National Performance Framework which are the same or similar to the statistical measures in our Measurement Framework (see Table 6.2). There is also a fair degree of overlap in terms of the general vision of the kind of Scotland/ Britain that we want to see. The Scottish Government’s National Performance Framework also includes some equalities analysis although not to the extent as we do in our own framework.


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Our Measurement Framework has some indicators that are not reflected in the National Performance Framework for Scotland, including on reproductive and sexual health, conditions of detention, criminal and civil justice, restorative justice, privacy and surveillance, and family life. There are also a number of national outcomes in the National Performance Framework for Scotland that are not covered in our Measurement Framework, such as Scotland being an attractive place for doing business and reducing the environmental impact of Scotland’s consumption and production.

The two frameworks complement each other which will help to provide a coherent picture of progress, and will enable public bodies in Scotland and GB to work together to advance progress on equality and human rights. Alignment will enable opportunities for integrated monitoring and reporting mechanisms to contribute to a joined-up approach across different sectors.


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Table 6.2: Overlap between our Measurement Framework and Scottish Government’s National Performance Framework

Measurement Framework Scottish Government’s National Performance FrameworkDomain Indicator Statistical measure National indicator Strategic

objectiveEducation Educational


EDU.EAT.1: Percentage of children achieving a good level of development at the end of Foundation Stage (age 2 - 5 in England, age 3 - 7 in Wales).

-

EDU.EAT.2: Attainment at school-leaving age (GCSEs in England and Wales; SCQF level 5 in Scotland)

The gap in performance in the Programme for International Student Assessment (PISA) between Scotland and the OECD average

SmarterWealthier and Fairer


EDU.EBN.1: Percentage of children who have been excluded from school (either for a fixed period or permanently)EDU.EBN.2: Percentage of 16-18 year olds who are not in education, employment or training (NEET)

Proportion of school leavers who are in a positive destination approximately 9 months after leaving school

SmarterHealthierWealthier and Fairer


EDU.HLL.1: People aged 25-64 with degree-level qualifications

Proportion of adults aged 16-64 with low or no qualifications (SCQF level 4 or below)

Smarter and StrongerHealthierWealthier and FairerSafer and StrongerGreener

EDU.HLL.2: Percentage of people aged 17+ that gained a qualification or participated in other formal or informal learning activities in the last 12 months

-

Work Employment WRK.EMP.1: Employment rate of those aged 16-64 The proportion of workers who are underemployed

Wealthier and FairerSafer and Stronger

WRK.EMP.2: Unemployment rate of those aged 16-64

-

WRK.EMP.3: Percentage of employment in insecure employment (that is agency, including permanent agency, casual, seasonal, and other

-





temp employees; employees on zero-hours contracts or on-call working; self-employed in SOC 6, 8 or 9)

Earnings WRK.ERN.1: Pay gaps in median hourly earnings of employees, including overtime

Pay gap in median hourly earning (excluding overtime) between men and women working full-time in Scotland



WRK.OCS.1: Percentage of employment in high-paid occupations (that is managerial and professional occupations, SOC 1 and 2)

-

WRK.OCS.2: Percentage of employment in low-paid occupations (that is caring, leisure and other service occupations; sales and customer service occupations; and elementary occupations, SOC 6, 8 & 9)


None -

Living standards

Poverty LST.SCR.2: Dignity and respect in social care (Self-reported experience of social care services)

-

LST.PVT.1:Percentage of adults and children living in households below 60% contemporary median income after housing costs

Proportion of individuals living in private households with an equivalised income of less than 60% of the UK median before housing costs

HealthierSafer and StrongerSmarterWealthier and FairerGreener

LST.PVT.2: Percentage of adults experiencing severe material deprivation

Percentage of children in combined material deprivations (based on a suite of questions in the Family Resources Survey) and low income (below 70% of UK median income)

HealthierSafer and StrongerSmarterWealthier and FairerGreener

Housing LST.HSG.1: Percentage of adults and children living in overcrowded accommodation

Percentage of homeless households that are entitled to settled accommodation

Wealthier and FairerHealthierSafer and Stronger





Social care

LST.HSG.2: Percentage satisfied with their accommodation

LST.SCR.1: Access to social care (Percentage of people receiving home care, residential care or nursing care)

Total additions to the supply of housing

The number of adults receiving personal care at home or direct payments for personal care, as a percentage of the total number of adults needing care

Wealthier and FairerSafer and StrongerWealthier and FairerHealthierSafer and Stronger

Health Social care

Health outcomes

LST.SCR.1: Access to social care (Percentage of people receiving home care, residential care or nursing care)

HLT.OCM.1: Percentage who report good or very good current health status

The number of adults receiving personal care at home or direct payments for personal care, as a percentage of the total number of adults needing care

Percentage of adults who assess their health as good or very good

Wealthier and FairerHealthierSafer and Stronger

HealthierWealthier and Fairer

HLT.OCM.2: Suicide rate per 1,000 -HLT.OCM.3: Mortality rate from diseases of the circulatory system

-


HLT.ACH.1: Percentage of people waiting for health services who have waited for more than 18 weeks

Average scores for inpatient survey questions relating to the quality of their healthcare

HealthierSafer and StrongerWealthier and Fairer

Mental health HLT.MTL.1: Percentage with poor mental health and well-being

Mental well-being derived from average score in the Warwick-Edinburgh Mental Well-being Scale (WEMWBS) of adults aged 16+ years

HealthierSafer and StrongerSmarterWealthier and Fairer

HLT.MTL.2: Access to mental health services -Reproductive and sexual health

HLT.RSH.1: Mortality rate per 100,000 maternities from causes related to pregnancy

-


HLT.PEL.1: Percentage of patients receiving end of life care that allows them to die at home

Percentage of the last 6 months of life which are spent at home or in a community

Healthier







JPS.DTN.1: Rate of non-natural deaths in prisons -JPS.DTN.2: Population in prisons JPS.DTN.3: Population in the children and young people custody estate

-

JPS.DTN.4: Detention under Mental Health Acts -Hate crime, homicides and sexual/domestic abuse

JPS.VNT.1: Hate crime (self- reported)JPS.VNT.2: Hate crime (police recorded) JPS.VNT.3: Homicide rate JPS.VNT.4: Rape (self- reported) JPS.VNT.5: Domestic violence and abuse (self- reported)

Proportion of people who have been the victim of one or more crimes in the past year



JPS.EFF.1: Confidence in the criminal justice system (E, W, S: treating those accused as innocent until proven guilty)

-

JPS.EFF.2: Number of people applying for and receiving legal aid

-

Restorative justice

JPS.RTJ.1: Proportion of incidents where victims were given opportunity to meet the offender

-

JPS.RTJ.2: Number of mediation starts -Rehabilitation, resettlement and reintegration

JPS.RRR.1: Proven reoffending statistics in England and Wales/Reconviction rates in Scotland

Average number of reconvictions per offender Wealthier and FairerSafer and Stronger


PPN.PCP.1: Percentage voting in the most recent general elections

Percentage of respondents who agreed with the statement ‘I can influence decisions affecting my local area’

Wealthier and FairerSmarterHealthierSafer and StrongerGreener

PPN.PCP.2: Percentage of adults undertaking one of a number of political activities

-

Access to services

PPN.ACS.1: Percentage of people aged over 16 who have used the internet

Percentage of adults using the internet for personal use

Wealthier and FairerSmarter

PPN.ACS.2: Percentage doing sport or exercise The proportion of adults meeting physical HealthierEquality and Human Rights Commission




activity recommendationsPrivacy and surveillance

PPN.PRV.1: Percentage who limit access to their profile or content on social networking sites

-

PPN.PRV.2: Percentage who have experienced abuse of personal information

-


PPN.CSN.1: Percentage who agree most people can be trusted (UK, W, S)/ in their neighbourhood (E, S)

Percentage of adults who rate their neighbourhood as a very good place to live

Wealthier and FairerSafer and StrongerGreener

PPN.CSN.2: Percentage who agree they belong in their immediate neighbourhood (S, E)/ local area (W)

-

Family life PPN.FAM.1: Looked after children -





Other frameworks

6.3 National indicators for Wales

The Well-being of Future Generations (Wales) Act 2015 is about improving the social, economic, environmental and cultural well-being of Wales. It requires listed public bodies to think more about the long-term, work better with people and communities and each other, look to prevent problems and adopt a more joined-up approach.

The Act puts in place seven well-being goals: a more prosperous Wales; a resilient Wales; a healthier Wales; a more equal Wales; a Wales of cohesive communities; a Wales of vibrant culture and thriving Welsh language, and a globally responsive Wales.

To measure progress towards achieving the well-being goals, Welsh Ministers have set national indicators. Forty-six national indicators have been published and were laid before the National Assembly for Wales in March 2016. A national indicator must be expressed as a value or characteristic that can be measured qualitatively or quantitatively against a particular outcome. It may be measured over such periods as the Welsh Ministers consider appropriate and may be measured in relation to Wales.


There is considerable overlap between our Measurement Framework and the National indicators for Wales. There are 15 national indicators for Wales which are the same as or similar to the statistical measures in our Measurement Framework (see Table 6.3). There is also a fair degree of overlap in terms of the general vision for Wales and Britain that both frameworks set out. Both frameworks also do analysis by equality characteristics and intersectional analysis.

Our Measurement Framework has some indicators that are not reflected in the National indicators for Wales, including those relating to restorative justice, rehabilitation, resettlement and reintegration. There are also some indicators in the Welsh framework that are not reflected in our own Measurement Framework, such as those on the ecological footprint of Wales and businesses which are active in innovation.

The two frameworks complement each other which will help to provide a coherent picture of progress, and will enable public bodies in Wales to work together to


180



Other frameworks

progress on equality and human rights. Alignment will enable opportunities for integrated monitoring and reporting mechanisms to contribute to a joined-up approach across different sectors.


181



Table 6.3: Overlap between our Measurement Framework and the national indicators for Wales

Measurement Framework National indicators for WalesDomain Indicator Statistical measure National indicator Well-being goalEducation Educational



(6) Measurement of development of young children

A prosperous Wales

A resilient Wales

A healthier Wales

A more equal Wales

A Wales of cohesive communities

A Wales of vibrant culture and thriving Welsh language

Globally responsible Wales


(7) Percentage of pupils who have achieved the ‘Level 2 threshold’ including English or Welsh first language and Mathematics, including the gap between those who are eligible or are not eligible for free school meals. (To be replaced from 2017 by the average capped points score of pupils).



(22) Percentage of people in education, employment or training, measured for different age groups.



(8) Percentage of adults with qualifications at the different levels of the National Qualifications Framework.


Work Employment WRK.EMP.1: Employment rate of those aged 16-64 (21) Percentage of people in employmentWRK.EMP.2: Unemployment rate of those aged 16-64WRK.EMP.3: Percentage of employment in insecure employment (that is agency, including permanent agency, casual, seasonal, and other temp employees; employees on zero-hours contracts or on-call working; self-employed in SOC 6, 8 or 9)


(17) Gender pay difference

Occupational WRK.OCS.1: Percentage of employment in high-





segregation paid occupations (that is managerial and professional occupations, SOC 1 and 2)WRK.OCS.2: Percentage of employment in low-paid occupations (that is caring, leisure and other service occupations; sales and customer service occupations; and elementary occupations, SOC 6, 8 & 9)


None

Living standards

Poverty LST.PVT.1:Percentage of adults and children living in households below 60% contemporary median income after housing costs

(18) Percentage of people living in households in income poverty relative to the UK median: measured for children, working age and those of pension age.


(19) Percentage of people living in households in material deprivation


(31) Percentage of dwellings which are free from hazards.


Health

Social care

Social care

Health outcomes

LST.SCR.1: Access to social care (Percentage of people receiving home care, residential care or nursing care)LST.SCR.2: Dignity and respect in social care (Self-reported experience of social care services) LST.SCR.1: Access to social care (Percentage of people receiving home care, residential care or nursing care)LST.SCR.2: Dignity and respect in social care (Self-reported experience of social care services) HLT.OCM.1: Percentage who report good or very good current health statusHLT.OCM.2: Suicide rate per 1,000HLT.OCM.3: Mortality rate from diseases of the circulatory system



Mental health HLT.MTL.1: Percentage with poor mental health (29) Mean mental well-being score for people.Equality and Human Rights Commission




and well-beingHLT.MTL.2: Access to mental health services







JPS.DTN.1: Rate of non-natural deaths in prisonsJPS.DTN.2: Population in prisons JPS.DTN.3: Population in the children and young people custody estateJPS.DTN.4: Detention under Mental Health Acts


JPS.VNT.1: Hate crime (self- reported) (25) Percentage of people feeling safe at home, walking in the local area, and when travelling.

JPS.VNT.2: Hate crime (police recorded) JPS.VNT.3: Homicide rate JPS.VNT.4: Rape (self- reported) JPS.VNT.5: Domestic violence and abuse (self- reported)

(25) Percentage of people feeling safe at home, walking in the local area, and when travelling.


JPS.EFF.1: Confidence in the criminal justice system (E, W, S: treating those accused as innocent until proven guilty)JPS.EFF.2: Percentage of legal aid applications granted

Restorative justice

JPS.RTJ.1: Proportion of incidents where victims were given opportunity to meet the offenderJPS.RTJ.2: Number of mediation starts




PPN.PCP.1: Percentage voting in the most recent general elections PPN.PCP.2: Percentage of adults undertaking one of a number of political activities

(23) Percentage who feel able to influence decisions affecting their local area.

Access to services






PPN.ACS.2: Percentage doing sport or exercise (38)Percentage of people participating in sporting activities three or more times a week.


PPN.PRV.1: who limit access to their profile or content on social networking sitesPPN.PRV.2: Percentage who have experienced abuse of personal information


PPN.CSN.1: Percentage who agree most people can be trusted (UK, W, S)/ in their neighbourhood (E, S)PPN.CSN.2: Percentage who agree they belong in their immediate neighbourhood (S, E)/ local area (W)

(27) Percentage of people agreeing that they belong to the area; that people from different backgrounds get on well together; and that people treat each other with respect.

Family life PPN.FAM.1: Looked after children





Other frameworks

6.4 ONS measures of national well-being

In November 2010, the Office for National Statistics (ONS) established the Measuring National Well-being programme to provide accepted and trusted measures of the extent of well-being in the UK (ONS, 2017). Its stated aim is to provide a fuller picture of well-being in society, by supplementing existing economic, social and environmental measures.

The ONS collects data twice a year on 41 measures of well-being across 10 domains: personal well-being; our relationships; health; what we do; where we live; personal finance; the economy; education and skills; governance, and the natural environment. The data are drawn from a variety of sources, including surveys (for example, the Annual Population Survey and Understanding Society survey) and official data provided by government departments and other organisations (for example, the Electoral Commission).


Similar to our Measurement Framework, the ONS measures of national well-being are based on domains and measures. The ONS also presents the latest available data for each measure using a single assessment that applies (generally) to England, Scotland and Wales, and making comparisons with an earlier period.

There is a good degree of overlap between the two frameworks. There are 12 ONS measures which are the same as or similar to the statistical measures in our Measurement Framework (see Table 6.4).

Our Measurement Framework has 37 statistical measures that are different from the ONS measures, and there are 34 ONS measures that are different from what we have in our own Measurement Framework. These include measures such as ‘UK public sector net debt as a percentage of Gross Domestic Product’ (from the ONS ‘economy’ domain) and ‘protected areas in the UK (Millions hectares)’ (from the ‘natural environment’ domain). The data in the ONS measures are usually broken down by regions, age and gender, but not by other protected characteristics as is the case in our own framework.

Ensuring that the two frameworks support each other and link will help to provide a coherent picture of progress, and will enable public bodies in Britain to work together to advance progress on equality. Alignment will enable opportunities for integrated


186



Other frameworks

monitoring and reporting mechanisms to contribute to a joined-up approach across different sectors.


187



Table 6.4: Overlap between our Measurement Framework and the ONS measures of national well-being

Measurement Framework ONS measures of national well-being Domain Indicator Statistical measure Measure DomainEducation Educational


EDU.EAT.1: Percentage of children achieving a good level of development at the end of Foundation Stage (age 2 - 5 in England, age 3 - 7 in Wales). EDU.EAT.2: Attainment at school-leaving age (GCSEs in England and Wales; SCQF level 5 in Scotland)



Those not in Education, Employment or Training (NEET)

Education and skills



UK residents aged 16-64 with no qualifications Education and skills


Human capital – the value of individuals’ skills, knowledge and competences in the labour market

Education and skills

Work Employment WRK.EMP.1: Employment rate of those aged 16-64 Unemployment rate What we doWRK.EMP.2: Unemployment rate of those aged 16-64WRK.EMP.3: Percentage of employment in insecure employment (that is agency, including permanent agency, casual, seasonal, and other temp employees; employees on zero-hours contracts or on-call working; self-employed in SOC 6, 8 or 9)

Mostly or completely satisfied with their jobMostly or completely satisfied with their amount of leisure time

What we do



WRK.OCS.1: Percentage of employment in high-paid occupations (that is managerial and professional occupations, SOC 1 and 2)WRK.OCS.2: Percentage of employment in low-paid occupations (that is caring, leisure and other service occupations; sales and customer service occupations; and elementary occupations, SOC 6, 8





& 9)Forced labour and trafficking

None

Living standards


Individuals in households with less than 60% of median income before housing costsMedian wealth per household, including pension wealthReal mean household incomeMostly or completely satisfied with the income of their household

Personal finance


Report finding it quite or very difficult to get by financially

Personal finance

Housing LST.HSG.1: Percentage of adults and children living in overcrowded accommodationLST.HSG.2: Percentage satisfied with their accommodation

Fairly/very satisfied with their accommodation Where we live

Health

Social care

Social care

Health outcomes

LST.SCR.1: Access to social care (Percentage of people receiving home care, residential care or nursing care)LST.SCR.2: Dignity and respect in social care (Self-reported experience of social care services. LST.SCR.1: Access to social care (Percentage of people receiving home care, residential care or nursing care)LST.SCR.2: Dignity and respect in social care (Self-reported experience of social care services.HLT.OCM.1: Percentage who report good or very good current health status

Healthy life expectancy at birth (male/female)Percentage who reported a disabilityMostly or completely satisfied with their health

Health

HLT.OCM.2: Suicide rate per 1,000HLT.OCM.3: Mortality rate from diseases of the circulatory system



Mental health HLT.MTL.1: Percentage with poor mental health Some evidence indicating depression or HealthEquality and Human Rights Commission




and well-being anxietyVery high rating of satisfaction with their lives overallVery high rating of how worthwhile they feel the things they do areRated their happiness yesterday as very highRated their anxiety yesterday as very lowPopulation mental well-beingPopulation mental well-being

Personal well-being

HLT.MTL.2: Access to mental health servicesReproductive and sexual health






JPS.DTN.1: Rate of non-natural deaths in prisonsJPS.DTN.2: Population in prisons JPS.DTN.3: Population in the children and young people custody estateJPS.DTN.4: Detention under Mental Health Acts


JPS.VNT.1: Hate crime (self- reported) Crimes against the person (per 1,000 adults) Where we liveJPS.VNT.2: Hate crime (police recorded) JPS.VNT.3: Homicide rate JPS.VNT.4: Rape (self- reported) JPS.VNT.5: Domestic violence and abuse (self- reported)



Restorative justice










Voter turnout in UK General ElectionsThose who have trust in national government

Governance


Volunteered more than once in the last 12 months

What we do

Access to services


Accessed natural environment at least once a week in the last 12 monthsAverage minimum travel time to reach the nearest key servicesEngaged with PR participated in arts or cultural activity at least 3 times last yearAdult participation in 30 minutes of moderate intensity sport, once per week.

Where we live

What we doPPN.ACS.2: Percentage doing sport or exercise


PPN.PRV.1: Percentage who limit access to their profile or content on social networking sitesPPN.PRV.2: Percentage who have experienced abuse of personal information



Felt fairly/very safe walking alone after dark (men/women)

Where we live


Agreed/agreed strongly they felt they belonged to their neighbourhood

Where we live

Family life PPN.FAM.1: Looked after children Proportion of those in fairly or extremely unhappy relationshipsHas spouse or partner, family member or friend to rely on if they have a serious problemFeelings of loneliness often/always

Our relationships





Other frameworks

6.5 Sustainable Development Goals

At the turn of the 21st century, the United Nations held its Millennium Summit, and agreed eight objectives for international development by the year 2015. The resulting Millennium Development Goals were subsequently criticised for a lack of focus on sustainable progress. In response, a proposal for a set of sustainable goals was delivered by Colombia in 2011, and the Sustainable Development Goals (SDGs) were agreed in September 2015. These new goals built on both the Millennium Development Goals and an interim resolution known as The Future We Want.

The resulting SDGs are a set of 17 global goals, with 169 targets to reach by 2030, and 244 indicators to monitor progress. Between them they cover poverty, hunger, health, education, work, gender equality, a broad set of environmental and climate issues, a number of infrastructural goals, and targets for both enhanced partnership and decreased inequality between UN member states. The SDG agenda has been criticised for its size and likely cost (The Economist, 2016) but nevertheless has wide support from both UN member states and NGOs, and addresses the root causes of problems, rather than symptoms. In short, the Goals are intended to be ‘action-oriented, concise and easy to communicate, limited in number, aspirational, global in nature and universally applicable to all countries while taking into account different national realities, capacities and levels of development and respecting national policies and priorities’ (Ki-moon, 2014).

Although the Goals are global in scope, each member state is expected to provide a national effort. An ONS report suggested that 149 of the 169 targets were already being worked towards within the UK, and only 36 of the 244 indicators were not relevant for national progress (ONS, 2016). In the UK, responsibility for a national effort sits with the Department for International Development, both in terms of foreign aid and domestic policy. Other departments are expected to ‘embed’ the Goals within their single department plans for 2015-2020 (Department for International Development, 2017). Otherwise, no centralised committee, task force, or Minister has unique responsibility for the SDGs, a fact that has come under some scrutiny both by the House of Commons International Development Committee (IDC, 2016) and UK NGOs (Bond, 2015).



192



Other frameworks

There is substantial overlap between our own Measurement Framework and the SDGs. Where one framework supports the other, possibilities exist for generalisation of our measures to the global stage, and enhanced national relevance for the SDGs. This is especially the case in the absence of a centralised committee, task force, or Minister with unique responsibility for the Goals (see above).

The existence of the Commission fulfils one of the SDG indicators directly, namely the existence of independent National Human Rights Institutions in compliance with the Paris Principles (Indicator 16.a.1). It also has a broad remit within Goal 5 (gender equality) and Goal 10 (reduced inequality), which cut across the entirety of our Measurement Framework through inspection of protected characteristics, other forms of data disaggregation, and analytical lenses (see chapter 5).

In addition, each of our Measurement Framework domains has further relevance to specific Goals:

Measurement Framework domain

Sustainable Development Goal

Education Inclusive and equitable quality education (Goal 4)

Work Ending poverty (Goal 1) and Sustained, inclusive, and sustainable economic growth (Goal 8)

Living standards Healthy lives and promoting well-being (Goal 3) and Inclusive, safe, resilient and sustainable cities and human settlements (Goal 11)

Health Healthy lives and promoting well-being (Goal 3)


Peaceful and inclusive societies (Goal 16)

Participation Resilient, inclusive and sustainable infrastructure, industrialisation and innovation (Goal 9) and Inclusive, safe, resilient and sustainable cities and human settlements (Goal 11)

Just over half of the statistical measures in the Measurement Framework are mirrored by at least one equivalent within the SDG indicators (see Table 6.5).

Some Goals are absent from our framework, most notably 2 (zero hunger), those dealing with environmental concerns (6, 7, 12, 13, 14, 15) and the international, partnership-focused goal (17).


193



Table 6.5: Overlap between our Measurement Framework and the Sustainable Development Goals

Measurement Framework SDG IndicatorsDomain Indicator Statistical measure Measure DomainEducation Educational



4.1.1 Proportion of children and young people: (a) in grades 2/3; (b) at the end of primary; and (c) at the end of lower secondary achieving at least a minimum proficiency level in (i) reading and (ii) mathematics, by sex

4. Quality education


4.6.1 Proportion of population in a given age group achieving at least a fixed level of proficiency in functional (a) literacy and (b) numeracy skills, by sex



8.6.1 Proportion of youth (aged 15-24 years) not in education, employment or training


EDU.HLL.1: People aged 25-64 with degree-level qualificationsEDU.HLL.2: Percentage of people aged 17+ that gained a qualification or participated in other formal or informal learning activities in the last 12 months

4.3.1 Participation rate of youth and adults in formal and non-formal education and training in the previous 12 months, by sex

Work Employment WRK.EMP.1: Employment rate of those aged 16-64 8. Decent work and economic growth

WRK.EMP.2: Unemployment rate of those aged 16-64

8.5.2 Unemployment rate, by sex, age and persons with disabilities

WRK.EMP.3: Percentage of employment in insecure employment (that is agency, including permanent agency, casual, seasonal, and other temp employees; employees on zero-hours contracts or on-call working; self-employed in SOC 6, 8 or 9)


8.5.1 Average hourly earnings of female and male employees, by occupation, age and persons with disabilities


WRK.OCS.1: Percentage of employment in high-paid occupations (that is managerial and professional occupations, SOC 1 and 2)

5.5.2 Proportion of women in managerial positions





WRK.OCS.2: Percentage of employment in low-paid occupations (that is caring, leisure and other service occupations; sales and customer service occupations; and elementary occupations, SOC 6, 8 & 9)


None 8.7.1 Proportion and number of children aged 5-17 years engaged in child labour, by sex and age

16.2.2 Number of victims of human trafficking per 100,000 population, by sex, age and form of exploitation

Living standards


10.2.1 Proportion of people living below 50 per cent of median income, by sex, age and persons with disabilities

1. No poverty


1.2.2 Proportion of men, women and children of all ages living in poverty in all its dimensions according to national definitions


11.1.1 Proportion of urban population living in slums, informal settlements or inadequate housing

11. Sustainable cities and communities


11.1.1 Proportion of urban population living in slums, informal settlements or inadequate housing

Health

Social care

Social care

Health outcomes

LST.SCR.1: Access to social care (Percentage of people receiving home care, residential care or nursing care)LST.SCR.2: Dignity and respect in social care (Self-reported experience of social care services)LST.SCR.1: Access to social care (Percentage of people receiving home care, residential care or nursing care)LST.SCR.2: Dignity and respect in social care (Self-reported experience of social care services)HLT.OCM.1: Percentage who report good or very good current health status

3. Good health and well-being

HLT.OCM.2: Suicide rate per 1,000 3.4.2 Suicide mortality rateEquality and Human Rights Commission




HLT.OCM.3: Mortality rate from diseases of the circulatory system

3.4.1 Mortality rate attributed to cardiovascular disease, cancer, diabetes or chronic respiratory disease



Mental health HLT.MTL.1: Percentage with poor mental health and well-beingHLT.MTL.2: Access to mental health services



3.1.1 Maternal mortality ratio





JPS.DTN.1: Rate of non-natural deaths in prisons 16. Peace, justice and strong institutions

JPS.DTN.2: Population in prisons JPS.DTN.3: Population in the children and young people custody estateJPS.DTN.4: Detention under Mental Health Acts


JPS.VNT.1: Hate crime (self- reported)JPS.VNT.2: Hate crime (police recorded)JPS.VNT.3: Homicide rate 16.1.1 Number of victims of intentional

homicide per 100,000 population, by sex and age

JPS.VNT.4: Rape (self- reported) 5.2.1 Proportion of ever-partnered women and girls aged 15 years and older subjected to physical, sexual or psychological violence by a current or former intimate partner in the previous 12 months, by form of violence and by age

5.2.2 Proportion of women and girls aged 15 years and older subjected to sexual violence by persons other than an intimate partner in the previous 12 months, by age and place of occurrence

16.1.3 Proportion of population subjected to physical, psychological or sexual violence in the previous 12 months





16.2.3 Proportion of young women and men aged 18-29 years who experienced sexual violence by age 18

JPS.VNT.5: Domestic violence and abuse (self- reported)

5.2.1 Proportion of ever-partnered women and girls aged 15 years and older subjected to physical, sexual or psychological violence by a current or former intimate partner in the previous 12 months, by form of violence and by age



Restorative justice






16.7.2 Proportion of population who believe decision-making is inclusive and responsive, by sex, age, disability and population group

16. Peace, justice and strong institutions


5.5.1 Proportion of seats held by women in (a) national parliaments and (b) local governments

16.7.1 Proportions of positions (by sex, age, persons with disabilities and population groups) in public institutions (national and local legislatures, public service, and judiciary) compared to national distributions

Access to services


9.c.1 Proportion of population covered by a mobile network, by technology

17.6.2 Fixed Internet broadband subscriptions per 100 inhabitants, by speed

9. Industry, innovation, and infrastructure





17.8.1 Proportion of individuals using the Internet

PPN.ACS.2: Percentage doing sport or exercise Sustainable cities and communities


PPN.PRV.1: Percentage who limit access to their profile or content on social networking sites

Industry, innovation, and infrastructurePPN.PRV.2: Percentage who have experienced

abuse of personal informationSocial and community cohesion


16.1.4 Proportion of population that feel safe walking alone around the area they live

Sustainable cities and communities


16.1.4 Proportion of population that feel safe walking alone around the area they live

Family life PPN.FAM.1: Looked after children




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